Study On The Legal System Of Tillage Layer's Stripping And Reuse

The tillage layer is the essence of farmland.Under the condition that the farmland occupied by the construction is inevitable,a new approach for both cultivated land protection and economic development which is stripping the tillage layer by the technical means and using it for land reclamation,soil improvement,etc.,has been requested to promote widely in the past three years(2015-2017)by The Central No.1 document,that is,comprehensively promote the strip and reuse of construction-occupied farmland's tillage layer.As early as the revision of the “Land Administration Law” in 1998,it was stipulated at legal level regarding the system of tillage layer's stripping and reuse.However,the principled provisions are difficult to cope with the specific requirements in the promotion nationally,leading to a common dilemma that both local governments and construction companies lack of motivation and difficulties for implementation from specific case to general use.The “stripping” of tillage layer is the premise of “reuse”,how to define the scope of stripping? Who is responsible for stripping? How to strip? Who will supervise the stripping?The "reuse" as the goal of "stripping",how to reuse so that it can truly realize the resource value of tillage layer? These issues are all lack of responses at legal level.This paper analyzes the current status of legislation and practice of the current stripping and reuse system,based on the present situations and problems,focuses on how to improve the regime.In the stripping stage,focuses on how to stripping,determines stripping's scope,clarifies the main body of the stripping,standardizes the procedures,improves the supervision,to institutionalize and standardize the stripping stage of the tillage layer.In the reuse stage,focuses on solving the problem of reusing.The tillage layer has a wide range of reusing after striping,and there is also a market demand for tillage layer resources.This paper considers to maximize the value of tillage layer resources by circulation system.Through the improvement of the two stages,strives to make the legal regime of tillage layer's stripping and reuse truly implemented.This paper includes four parts.The stripping and reuse of tillage layer as a new system,based on clarifying the connotation of “tillage layer”,“top soil” and “farmland tillage layer”,defining the scope of tillage layer,and introducing the basic procedures of stripping and reusing,to discuss the theoretical basis and practical significance of farmland's stripping and reuse.Then,through the investigation of the current situation of China's legislation and practice,to find out the national and local legislative regulation and deficiencies on this.The site investigation in various places are divided into three modes according to the different executors.After comparative analysis,the paper gets the common problems of the stripping and reuse of tillage layer in China in the implementation stage.After the investigation,found that there are problems exist in the regime of stripping and reuse of tillage layer in China such as the indistinct scope,disordered execution of the system,lack of circulation system,distempered protective system of the stripping and reuse,etc.In the end,combines with international legislation experience,based on the universal adaptability of the law,explores how to improve the legal regime of tillage layer stripping and reuse in China.Through programming the special plan for tillage layer and evaluating the soil quality,secures the stripping scope.Regulates the execution procedure of stripping after the executors and supervisors are clarified.Then solves the difficulty of reuse by circulation system.Finally,ensures the execution of the system by clearing fund source and defining different executors' legal responsibilities.