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What are the specific measures for farmland protection?
1, the state protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
2, the state implements a compensation system for the occupation of cultivated land, non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much to use, how much to make up", by the occupation of cultivated land units responsible for reclamation and ensure the quantity and quality of cultivated land occupied; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land.
3, non-agricultural construction must save the use of land, can use wasteland, shall not occupy cultivated land; Those who can use inferior land shall not occupy good land.
4. The state implements the basic farmland protection system, and it is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine and borrow soil on cultivated land without authorization. It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
5. No unit or individual may idle or barren cultivated land, and take strict measures against idle or barren cultivated land; Encourage the rational development of unused land; Encourage land consolidation, transform low-and medium-yield fields, and rectify idle land and abandoned land; Land damaged by excavation, collapse and occupation should be reclaimed and given priority to agriculture.
6. Encourage citizens to cherish and rationally use land, effectively protect cultivated land, and stipulate that units and individuals that have made remarkable achievements in the protection and development of land resources, rational use of land and related scientific research shall be rewarded by the people's government.
7. Whoever illegally occupies or destroys cultivated land shall be investigated for criminal responsibility or corresponding administrative responsibility according to law.
I. Three Aspects of Cultivated Land Protection
1, quantity protection
Specific measures to protect the quantity of cultivated land include the following aspects:
(1) Strictly control the conversion of cultivated land into non-cultivated land.
(2) The state implements a compensation system for the occupation of cultivated land.
(3) The state implements the basic farmland protection system.
(4) Promote land development, reclamation and consolidation.
2. Quality protection
Cultivated land quality protection includes the following aspects:
(1) The state has formulated measures to protect the quality of cultivated land and prevent soil erosion, land desertification, salinization and arable land impoverishment.
(2) realize the environmental protection of cultivated land
Target responsibility system for farmland protection
The target responsibility system of cultivated land protection refers to a system that determines the objectives and tasks of cultivated land protection in a certain area, measures are in place, and the responsibility lies with people, and uses objective, quantitative and institutionalized management methods to standardize the work behavior of cultivated land protection of people's governments, departments and leaders at all levels to ensure the implementation of the basic national policy of cultivated land protection. Since 1990, the construction of the target responsibility system for cultivated land protection has been gradually promoted from point to area and from departments to governments throughout the country. In addition to the target responsibility system for farmland protection, there are various forms such as the target responsibility system for basic farmland protection, the target responsibility system for land management and the target responsibility system for land and resources management.
3. Cultivated land protection
At present, nearly two-thirds of the provinces in China have established the target responsibility system for cultivated land by local governments. According to the overall land use planning, the provincial government's farmland protection objectives and tasks are determined, and the farmland protection indicators are decomposed according to the local conditions. The higher-level government and the lower-level government, the higher-level land department and the lower-level land department sign the responsibility book for farmland protection step by step, and clarify the specific contents and indicators of the responsibility system. Higher-level governments and land departments regularly assess the completion of the target responsibility system, establish a reward and punishment system for cultivated land protection on the basis of assessment, and mobilize the enthusiasm of all localities to protect cultivated land.
In the future, it is necessary to further strengthen the sense of responsibility of local government leaders to protect cultivated land. On the basis of improving the land survey and statistics system and the dynamic monitoring system of land use, an evaluation index system reflecting the actual effect of local work is established to evaluate the amount of cultivated land and the balance of cultivated land occupation and compensation in various provinces (autonomous regions and municipalities), and the evaluation results are published, so that the target responsibility system can effectively promote and guarantee the protection of cultivated land.
Legal basis:
Land Management Law of the People's Republic of China
Article 3 It is a basic national policy of our country to cherish and make rational use of land and effectively protect cultivated land. People's governments at all levels shall take measures to comprehensively plan, strictly manage, protect and develop land resources and stop illegal occupation of land.
Article 4 The State practices a land use control system. The state formulates the overall land use planning, defines the land use, and divides the land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land. The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface. Construction land refers to the land for building buildings and structures, including urban and rural housing and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land and military facilities; Unused land refers to land other than agricultural land and construction land. Units and individuals using land must use the land in strict accordance with the purposes determined in the overall land use planning.
Article 30 The State protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
The state practices a compensation system for the occupation of cultivated land. Non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the reclamation of cultivated land, supervise the units occupying cultivated land to reclaim cultivated land according to the plan or organize the reclamation of cultivated land according to the plan, and conduct inspection and acceptance.
Article 31 Local people's governments at or above the county level may require units occupying cultivated land to use the soil of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, poor quality land or other cultivated land.
Article 32 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount and quality of cultivated land within their respective administrative areas will not decline. If the total amount of cultivated land is reduced, the State Council shall order the organization to reclaim the cultivated land with the same quantity and quality as the reduced cultivated land within the prescribed time limit; If the quality of cultivated land declines, the State Council shall order it to organize rectification within the prescribed time limit. Newly reclaimed and renovated cultivated land shall be checked and accepted by the competent department of natural resources of the State Council in conjunction with the competent department of agriculture and rural areas.
In some provinces and municipalities directly under the Central Government, due to the shortage of land reserve resources, the amount of newly-increased cultivated land is not enough to compensate for the amount of cultivated land occupied by newly-increased construction land, and it must be reported to the State Council for approval, and the amount of cultivated land within its administrative area shall be reduced or exempted, and the cultivated land with the same quantity and quality shall be recovered.
Article 33 The State practices the system of permanent protection of basic farmland. The following cultivated land shall be designated as permanent basic farmland according to the overall land use planning and strictly protected:
(1) Cultivated land in the production bases of grain, cotton, oil, sugar and other important agricultural products approved by the agricultural and rural authorities in the State Council or the local people's governments at or above the county level.
(2) Cultivated land with good water conservancy and soil and water conservation facilities, and the transformation plan is being implemented, as well as low-and medium-yield farmland that can be transformed and high-standard farmland that has been built.
(3) Vegetable production base
(4) experimental fields for agricultural scientific research and teaching
(five) other cultivated land that should be included in the permanent basic farmland as stipulated by the State Council.
The permanent basic farmland designated by all provinces, autonomous regions and municipalities directly under the Central Government shall generally account for more than 80% of the cultivated land within their respective administrative areas, and the specific proportion shall be stipulated by the State Council according to the actual situation of cultivated land in all provinces, autonomous regions and municipalities directly under the Central Government.
Article 34 The demarcation of permanent basic farmland shall take townships (towns) as units, and shall be organized and implemented by the competent department of natural resources of the people's government at the county level in conjunction with the competent department of agriculture and rural areas at the same level. Permanent basic farmland should be implemented in plots and included in the national permanent basic farmland database for strict management.
The township (town) people's government shall announce the location and scope of permanent basic farmland to the public and set up protection signs.
Thirty-fifth permanent basic farmland has been demarcated according to law, and no unit or individual may occupy or change its use without authorization. It is really difficult to avoid permanent basic farmland in the site selection of national key construction projects such as energy, transportation, water conservancy and military facilities, and the conversion of agricultural land or land expropriation must be approved by the State Council.
It is forbidden to evade the approval of agricultural land conversion or permanent basic farmland land expropriation by arbitrarily adjusting the overall land use planning at the county level and the overall land use planning at the township (town).
Article 36 People's governments at all levels shall take measures to guide crop rotation and fallow according to local conditions, improve soil fertility, maintain irrigation and drainage facilities, and prevent land desertification, salinization, soil erosion and soil pollution.
Thirty-seventh non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.
It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.
It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
Article 38 No unit or individual may idle or desert cultivated land. Non-agricultural construction that has gone through the examination and approval procedures occupies cultivated land and can be harvested within one year, which shall be recovered by the collective or individual who originally cultivated the cultivated land, or by the land-using unit; If construction has not started for more than one year, idle fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If it has not been used for two consecutive years, with the approval of the original approval authority, the people's government at or above the county level shall recover the land use right of the land-using unit without compensation; Land originally owned by farmers' collectives shall be handed over to the former rural collective economic organizations to resume farming.
Idle land that has obtained the land use right of real estate development by means of transfer within the urban planning area shall be handled in accordance with the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law.
Article 39 The State encourages units and individuals to develop unused land in accordance with the overall land use plan on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification. Suitable for agricultural land development, give priority to agricultural land development.
The state protects the legitimate rights and interests of developers according to law.
Article 40 Reclamation of unused land must go through scientific argumentation and evaluation, and be carried out within the reclaimable areas delineated in the overall land use plan approved according to law. It is forbidden to destroy forests, grasslands and reclaim cultivated land, and it is forbidden to reclaim land around lakes and occupy floodplains.
According to the overall land use planning, for reclamation that destroys the ecological environment, returning farmland to forests, grazing and lakes in a planned and step-by-step manner.
Article 41 State-owned barren hills, wasteland and wasteland whose development and use rights are uncertain can be used for planting, forestry, animal husbandry and fishery production, and may be designated by the development unit or individual for long-term use with the approval of the people's government at or above the county level according to law.
Article 42 The State encourages land consolidation. County and township (town) people's governments shall organize rural collective economic organizations to comprehensively improve cultivated land, water, roads, forests and villages in accordance with the overall land use planning, improve the quality of cultivated land, increase the effective area of cultivated land, and improve agricultural production conditions and ecological environment.
Local people's governments at all levels should take measures to transform low-and medium-yield fields and rectify idle and abandoned land.
Forty-third due to excavation, subsidence, occupation and other land damage, land units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the state; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation. Reclaimed land should be given priority to agriculture.
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