The Research On Cultivated Land Ecological Compensation Legal System

The eighteen report pointed out that to vigorously promote the construction of ecological civilization,improve the most stringent farmland protection system,we must establish a system to reflect the ecological value and intergenerational compensation for the use of resources and ecological compensation system ".2014,Central Document No.1,and stressed that " to deepen the reform of rural land system,we must adhere to the most stringent farmland protection system under the change of compensation for land acquisition farmers,farmers enjoy the land value-added income level ".2015,the Central Document No.1 again declared a sound compensation for major grain producing areas,the protection of cultivated land compensation,ecological compensation system,strengthen the integration of rural reform policy and legislation".It is of great theoretical and practical value to study the legal system of cultivated land ecological compensation based on the favorable opportunity to promote the reform of rural land and the construction of ecological civilization."13th Five-Year" planning further puts forward the overall ecological environment quality improvement goals,to the formation of functional areas and ecological security barrier body.In 2016,the general office of the State Council on the improvement of ecological protection compensation mechanism clearly put forward to improve the protection of cultivated land compensation system.How can the basis to ensure national food security,farmers' income and the contradiction between cultivated land protection of the ecological environment,the food security and land ecological safety can be fully guaranteed,is the key to deepen the reform of rural land system.Under the background of ecological civilization and green development,the ecological compensation of cultivated land is very important.Protection of the legal system is one of the most stringent security measures,the farmland ecological compensation of our country legal system is not yet complete,how to construct the legal system of farmland ecological compensation and guarantee its operation is very necessary.This paper uses the domestic and foreign research of cultivated land ecological compensation system to sort out the literature analysis,to fully grasp the farmland ecological compensation current research dynamic situation,analyzes the advantages and disadvantages of current research,demonstrates the related concepts of farmlandecological compensation,the necessity of legal system construction,to seek the relevant theoretical basis of farmland ecological compensation,laid the foundation for further research.Secondly,the empirical analysis method is used to investigate the current situation of China's ecological compensation legislation and the current situation of the comprehensive management of farmland ecological system,the form of the system in the legislation,the pilot process of the ecological compensation of cultivated land and the specific pilot areas.On the classification of existing laws and regulations and policies are summed up and compared,summed up the existing farmland ecological compensation system level dilemma,and comparative analysis of practical problems encountered in the pilot process,from the concept of compensation,compensation,compensation basis,compensation regulation integration system and practice levels of farmland ecological compensation plight and reason analysis.Secondly,the United States,Canada,Japan,cultivated land ecological compensation system for investigation,the best reference.Finally,to clarify the basic principles to perfect China's legal system construction of farmland ecological compensation,namely respect environmental ethics,ecological benefit principle,who protection benefits,who benefits,who compensation "principle,intragenerational equity and intergenerational equity compensation coordination principle,integrity principle,put forward the basic framework to build the legal system of cultivated land ecology compensation,guarantee to perfect the legal system from the aspects of optimization of farmland ecological compensation benefit distribution system,diversification of farmland ecological compensation payment system,refine the farmland ecological compensation dynamic supervision system.In this paper,the "ecological compensation regulations of cultivated land" is put forward,which can provide useful reference for the legislation of ecological compensation system of cultivated land,and promote the process of ecological compensation of cultivated land in china.