Law with Regulations on Farmland Ecological Compensation for Cultivated Land Protection in China
|School||Northwest University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||Cultivated Land Ecological Service Functions Farmland EcologicalCompensation Policies and Regulations law|
Cultivated land, the essential ground of our land, is not only a rare naturalresources, but also the important environmental factor for human beings. The ChinesePremier Wen Jiabao has stressed:" The developed country’s management measures forprotection of land resources, have being on the initiation on ecological environmentprotection, a more advanced administrative levels, rather than neither for the quantitymanagement. nor quality management. Withal the cultivated land protection in China is stillin the primary simple stage". As the market economy system being a predominate acceptance,resources and industries have been used for maximum economical profit or misunderstandingsocial benefit, wherewith the essential precious values and functions of our farmland, Namely,climate regulation, water conservation, air purification, biological diversity maintenance, onlya few of ecological value of our farmland for human beings, have been ignored or neglectedfor quite a longer period. Further more, the farmers, the tenants, could hardly meet theiroutput with the inputs, the asymmetry of their rights and obligations, that obviously mayleading to the result of farmland pollution, soil deterioration, fertility badly declining, andeven some other farmland desolation or desertification, the "negative" chain reaction. Sinceall of the traditional administrative approaches and measures could hardly function or meanfor solving the radical farmland ecological problems, nevertheless, it is the right time foradvocating the proper law with regulations on farmland ecological compensation forcultivated land protection in China.In this5-chaptered-dissertation, the author pragmatically studied and analyzed eachissues among the theme of his dissertation in different branches.；The first chapter, the authormainly introduces and elaborates the background both domestic and abroad, the purpose andsignificance, of the topics of this research；The second one, the connotation and basic theoryof cultivated land ecological compensation has been introduced and analyzed by the author,detailed from the environmental law in ecological compensation and land ecologicalcompensation, the author puts forward some concepts and opinions, analyzed farmland ineconomic concepts, social benefits, and ecological value；And the use of ecological servicefunction, environment economics theory of externality theory, sustainable development theory,the law of equal rights and obligations theory, environmental rights, the right to life, right todevelopment theory, and other related disciplines to farmland ecological compensation tocarry on the analysis, thought that our country farmland ecological compensation policies and regulations to provide path selection and framework design.; In Chapter Three, by means ofretrospection and prospection, the author evaluated in detailed about farmland ecologicalcompensation policies and regulations have been carried on and practice in China. Thushere the author laid some solid foundation for the advantages and disadvantages, the good andfailure shortcomings for legislature about the advocating the proper law with regulations onfarmland ecological compensation for cultivated land protection in China; Chapter Four,studying the foreign experiences, practices and Enlightenment of ecological compensation oncultivated land. Protection. Such as the United States fallow policy, land banking policy,Germany " environment-friendly land" policy, the European Union Environmentally SensitiveAreas (ESA) project. And had pointed out our country is in draw lessons from foreignadvanced experience of cultivated land ecological compensation should be noted; The fifthchapter, focusing on the proper law with regulations on farmland ecological compensation forcultivated land protection in China., mainly dealing with the proper and available law withregulations, the farmland ecological compensation policy and regulations and theirimprovement and consummation. It is clearly made out that the implementation of law withregulations. Who are the main entities for carrying on and implementing the law withregulations, and who are mainly benefited in the practice of the law with regulations, and it isshowed that the farmer business industrial cooperation has some advantages for benefit. Thelegislative principles for ecological balance and environmental improvement, economicsustainable growth, he who benefits, who compensates, fairly compensation, the governmentand the market system integration compensation oriented policy were clearly expatiated. Asconsequently, government and market system oriented compensation is the major functionalways is concluded.. Finally, for strengthening the law with regulations and for implementation,the author showed that there should be some institution such as policy measure, optimizefinance system, perfect assessment system of cultivated land compensation guaranteemechanism.The final conclusion is consisted of the majority results from each chapter, as well as theauthor’s opinions and personal research thoughts and experiences. In addition, it also contentssome further research suggestions for enlightening the theme of this dissertation put forwardby the author.