Research On The Improvement Of The Legal System Of Cultivated Land Ecological Compensation In China

As one of the important parts of natural ecosystem,cultivated land works as a kind of compound resource for agricultural production and ecological service.The realization of the ability of cultivated land and the dual functions of the ecology depends on the quantity and quality of cultivated land resources.However,for a long time,under the pressure of the right deprivation from development,the direct users of cultivated land had started to apply a pattern which tends to maximize the profit in the agriculture production activities,which has led to the aggravation of cultivated land pollution,the decline of fertility and the sharp reduction of quantity,and has triggered a series of negative chain reactions,such as soil losses,soil structural damage and national food security issues.It is urgent to introduce the ecological compensation mechanism to cope with the ecological problems of cultivated land as for the traditional administrative measures have been losing their effectiveness.The establishment and the improvement of the ecological compensation system was proposed in 2008 in the Decision of the CPC Central Committee on Several Major Issues of Rural Reform and Development.In 2016,the Opinions of the General Office of the State Council on Improving the Compensation Mechanism for Ecological Protection further specified that priority should be given to completing the compensation work for ecological protection of cultivated land in different fields,and the pilot projects for ecological compensation of cultivated land were launched in different places.At the same time,China ecological compensation legislation is also slowly moving forward in active exploration,but there is still no substantive regulatory document.Under the background of the new era,the theoretical andpractical research on the legal system of ecological compensation for cultivated land needs systematic thinking and reasonable response from the academic community.Starting from the practice of the development of the legal system of cultivated land ecological compensation in China,this thesis arguments the connotation,the particularity and practical significance of the legal system of cultivated land ecological compensation,and the relevant legal basis for the development and perfection of cultivated land ecological compensation system.Objectively speaking,the legislation and practice of ecological compensation for cultivated land in China has achieved significant results,but there are still problems,such as lack of clear basis,unclear subject of legal relationship,insufficient type of compensation method and compensation standard,and poor operation of fund mechanism etc..Considering the realistic problems,this paper further explores the deep-seated reasons of the realistic predicament of cultivated land ecological compensation,compares and draws lessons from the advanced model and system experience of foreign cultivated land ecological compensation,and then puts forward suggestions for improving the legal regulation of cultivated land ecological compensation in China.This thesis sets the positive externality as the starting standard of cultivated land ecological compensation,and the negative externality can be compensated properly;the government is the main compensation subject,and the areas where the right of development is limited and the farmers are the compensation beneficiaries;in the accounting of cultivated land ecological compensation standard,it is proposed that the service value of cultivated land ecosystem,direct input and opportunity cost should be verified.Only by using diversified compensation methods,differential fund payment mode and diversified financing mechanism can we promote the further improvement of the legal system of ecological compensation for cultivated land.