Research On The Legal Mechanism Of Cultivated Land Ecological Compensation In China

Cultivated land,the essential ground of our land,is not only a rare natural resources,but also the important environmental factor for human beings.The Chinese Premier Wen Jiabao has stressed: " The developed country's management measures for protection of land resources,have being on the initiation on ecological environment protection,a more advanced administrative levels,rather than neither for the quantity management.nor quality management.Withal the cultivated land protection in China is still in the primary simple stage".As the market economy system being a predominate acceptance,resources and industries have been used for maximum economical profit or misunderstanding social benefit,wherewith the essential precious values and functions of our farmland,Namely,climate regulation,water conservation,air purification,biological diversity maintenance,only a few of ecological value of our farmland for human beings,have been ignored or neglected for quite a longer period.Further more,the farmers,the tenants,could hardly meet their output with the inputs,the asymmetry of their rights and obligations,that obviously may leading to the result of farmland pollution,soil deterioration,fertility badly declining,and even some other farmland desolation or desertification,the "negative" chain reaction.Since all of the traditional administrative approaches and measures could hardly function or mean for solving the radical farmland ecological problems,The protection of arable land for all-round is imminent,and pay equal attention to achieve the quantity and quality of cultivated land protection,and maintain the ecological service system of cultivated land,the construction of ecological compensation legal system of cultivated land is one of its important paths.This paper from the perspective of ecological compensation,with cultivated land ecological compensation theory and practice at home and abroad,on the land of China's ecological compensation concept,basic theory,existing problems,a comprehensive and in-depth discussion and analysis,in order to promote the construction of China's cultivated land legal mechanism of compensation of state,the cultivated land ecological the legal mechanism of compensation of cultivated land protection in China become a solid legal barrier.The full text is divided into five chapters:The first chapter,the author mainly introduces the research background,purpose and significance,and elaborates the research innovation and shortcomings.The second chapter,the connotation,legal relation and basic theory of cultivated land ecological compensation has been introduced and analyzed by the author,Mainly from the environmental law level,the author puts forward some opinions on the concept of ecological compensation and land ecological compensation,analyzed farmland in economic.and analyzes the legal relationship in the ecological compensation mechanism of cultivated land.And the use of ecological service function theory in ecology,externality theory and public goods theory of environment economics theory,sustainable development theory,and other related disciplines to farmland ecological compensation to carry on the analysis,and then discusses the construction of the legal mechanism of farmland ecological compensation in China provides the path selection.The third chapte,Expounds the necessity of establishing the legal system of ecological compensation for cultivated land.The fourth chapter,Progress of policies,regulations and practice on ecological compensation of cultivated land in china.This chapter summarizes the provisions relating to the cultivated land ecological compensation in our country existing policies and regulations,and lists the current practice of farmland ecological compensation,finally pointed out the shortage of cultivated land ecological compensation policies and regulations and practice.The fifth chapter,Experience and Enlightenment of foreign cultivated land ecological compensation.The article focuses on the United States and the European Union's ecological compensation mechanism of arable land,and learn from foreign advanced experience.The sixth chapter,Construction of legal system for ecological compensation of cultivated land in China.On the basis of the above analysis,put forward suggestions on the construction of farmland ecological compensation legal system,including the construction of clear positioning cultivated land ecological compensation mechanism,improve the specific design of the system and the relevant supporting system,in order to realize the sustainable development of man and land.The final conclusion is mainly to sum up the main research conclusions,research experience,and the direction of further research.