What are the systems related to farmland protection in the Land Management Law?

Land use control system. The first paragraph of Article 4 of the Land Management Law revised by 20 19 stipulates that "the state practices a land use control system." The second paragraph of this article stipulates: "The state shall draw up a general plan for land use, specify the use of land, and divide 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. "

(2) Dynamic balance system of total cultivated land. Article 32 of the Land Management Law stipulates that

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, if the newly-opened cultivated land is insufficient to compensate the occupied cultivated land, 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.

(3) Balance system of cultivated land occupation and compensation. Paragraph 2 of Article 30 of the Land Management Law stipulates that

: "The state implements a compensation system for the occupation of cultivated land. According to the principle of "how much cultivated land is occupied by non-agricultural construction", 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 third paragraph of the same article stipulates: "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.

(4) farmland protection target responsibility system. According to the "provincial government farmland protection responsibility target assessment method"

(Guo Ban Fa (No.20 182) requires that the main responsibilities of local governments at all levels should be implemented, and the assessment results of the provincial government's farmland protection responsibility target should be taken as an important basis for the comprehensive assessment of leading cadres, the assessment of ecological civilization construction targets, the assessment of food security governor's responsibility system, the accountability of leading cadres and the audit of leading cadres' natural resources assets.

(5) Permanent basic farmland protection system. Article 33 of the Land Management Law stipulates that

: "The state implements a permanent basic farmland protection system." The Notice of the Ministry of Land and Resources on the Full Implementation of Special Protection for Permanent Basic Farmland (Land and Resources Regulation (2065 438+08) 1) makes an overall arrangement for the full implementation of the special protection system for permanent basic farmland.

(6) Agricultural land conversion approval system. Article 44 of the Land Management Law stipulates that "if the land occupied by construction involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled. The conversion of permanent basic farmland into construction land shall be approved by the State Council. In order to implement the overall land use planning of cities, villages and market towns, if agricultural land other than permanent basic farmland is converted into construction land, the organ that originally approved the overall land use planning or its authorized organ shall, in accordance with the provisions of the State Council, approve it in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments. The conversion of agricultural land other than permanent basic farmland into construction land outside the scope of construction land for cities, villages and market towns determined by the overall land use planning shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council. "

(7) Land development, consolidation and reclamation system. Article 39 1 of the Land Management Law stipulates that

: "The state encourages units and individuals to develop unused land in accordance with the overall land use planning on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification; If it is suitable for agricultural land development, priority should be given to the development of agricultural land. " Article 40 1 stipulates: "The state encourages land consolidation. County and township (town) people's governments shall organize rural collective economic organizations to comprehensively rectify fields, water, roads, forests and villages in accordance with the overall land use planning, improve the quality of cultivated land, increase the effective cultivated land area, and improve agricultural production conditions and ecological environment. " Article 43 stipulates: "Land is destroyed due to excavation, subsidence, occupation, etc. Land units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the state; If there are no conditions for rehabilitation 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. "

(8) Land tax and fee system. Article 30 of the Land Management Law stipulates that if non-agricultural construction occupies cultivated land with approval, it is impossible to reclaim cultivated land with the same quantity and quality as the occupied cultivated land, or the reclaimed cultivated land does not meet the requirements, it shall pay the cultivated land reclamation fee in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government and use the special funds for reclaiming new cultivated land. Article 38 stipulates that if the non-agricultural construction that has gone through the examination and approval procedures occupies cultivated land for more than one year and fails to start construction, it shall pay idle fees in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government. Article 48 stipulates that land expropriation shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers. The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. Article 55 1 stipulates that

: "The construction unit that has obtained the right to use state-owned land by means of transfer and other paid use can use the land only after paying other fees such as land use fee and land use right transfer fee in accordance with the standards and measures stipulated by the State Council." The Provisional Regulations on Farmland Occupation Tax stipulates that farmland occupation tax shall be paid if farmland is occupied by non-agricultural construction. The tax system stipulated by law is an important measure to protect cultivated land through economic means.

(9) Legal liability system for farmland protection. Criminal law of the people's Republic of China

Article 342 of the Criminal Law stipulates: "Whoever illegally occupies farmland, forest land and other agricultural land in violation of land management regulations, and changes the use of the occupied land in a large number, resulting in the massive destruction of farmland, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined." Article 410 stipulates: "Any functionary of a state organ who engages in malpractices for personal gain, violates laws and regulations on land management, illegally approves the expropriation, requisition and occupation of land or illegally transfers the right to use state-owned land at a low price by taking advantage of his authority, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Those who cause particularly heavy losses to the interests of the state or the collective shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. " Laws and regulations such as Land Management Law, Regulations on the Implementation of Land Management Law and Regulations on the Protection of Basic Farmland all stipulate corresponding administrative and legal responsibilities for illegal acts of farmland protection.