Study On Legal System Of Cultivated Land Protection Under The Background Of Food Security

Cultivated land is the foundation of survival and the lifeblood of sustainable social development.General Secretary Xi Jinping raised the issue of "agricultural product supply security," or food security,in the Qiushi magazine,stressing the need to uphold the bottom line of "absolute food security," storing grain in the ground and in technology.The problems of "non-agriculturalization" and "non-grainization" in cultivated land protection,as well as other cultivated land use control issues,are ultimately legal issues.We should adhere to the principle of putting systems first,do a good job in the basic design,and effectively implement the cultivated land use control system.The quantity,quality,and ecology of cultivated land are directly related to China’s food security.The current cultivated land use control regulations focus on the overall control of cultivated land,mainly judging whether it is subject to cultivated land use control based on the existing types and usage of land parcels,without explicitly including land with the ability to regenerate crops in the scope of cultivated land use control.They do not put forward specific control measures for cultivated land quality,ecology,and planting purposes,nor establish corresponding standards for cultivated land compensation,resulting in the ineffective implementation of the system.Under the still severe food security situation,legal means are an indispensable tool for cultivated land protection,and there is an urgent need to further improve the legal system for cultivated land protection from the perspective of cultivated land use control.This paper adopts literature analysis,comparative analysis,and normative analysis methods,and from the perspective of cultivated land use control,it clearly points out that ensuring the quantity,quality,and ecology of cultivated land is important,but maintaining the ability of cultivated land for agricultural reproduction is equally important.The cultivated soil layer,as the main source of nutrients for crop production,should also be explicitly considered in cultivated land use control.Based on this,the paper reviews the legislative status of cultivated land use control in China from both vertical and horizontal dimensions,combines the basic theories of externality,principal-agent,and sustainable development,and draws on the cultivated land use control systems of the United States,Japan,and the United Kingdom to propose the following improvement suggestions from the perspective of combining external institutional constraints with autonomous compliance by farmers.First,refine the cultivated land use control measures.Strengthen the overall design,content excavation,and rule refinement of the cultivated land use control system to improve its systematic and operable nature.In addition,develop a scientific system for cultivated land planting purposes and management,clarify the rules for cultivated land planting use control,and optimize the use of cultivated land resources while enhancing cultivated land protection.Second,implement an economic compensation system for cultivated land use control.By establishing an economic compensation system for cultivated land use control,stimulate endogenous motivation,and guided by market development and economic interests,allow rural collective economic organizations and farmers to truly benefit from cultivated land protection,thus actively and voluntarily comply with the rules of cultivated land use control.Third,improve the enforcement guarantee mechanism of the cultivated land use control system.Specify the responsibilities of cultivated land use control to all subjects in society,and establish effective performance evaluation mechanisms and diversified internal and external enforcement supervision mechanisms to ensure the specific implementation of the system.