A Study on the Policy of Cultivated Land Requisition-Compensation Balance of China With Q County R Railway Dry Port as an Example

Introduction

The balance of land requisition and compensation is an important policy to protect cultivated land confirmed by China's land management law. It means that if the non-agricultural construction needs to expropriate the cultivated land for a long time, the new cultivated land with the same quantity and quality shall be supplemented by the requisitionists according to the principle of ” how much cultivated land is expropriated and how much is compensated “(Tian Yufu 2005). Article 31 of China's land management law stipulates that the government shall protect cultivated land and strictly control the conversion of cultivated land to non cultivated land use. The government implements the system of compensation for land requisition. If the non-agricultural construction is approved to expropriate the cultivated land, the person who expropriates the cultivated land shall be responsible for reclaiming the new cultivated land equivalent to the quantity and quality of the expropriated cultivated land in accordance with the principle of ” how much cultivated land is expropriated and how much is compensated “. If there are no conditions for reclamation or the cultivated land reclaimed does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of the provincial government and shall be used exclusively for the reclamation of new cultivated land. The provincial government shall formulate plans for the reclamation of cultivated land, supervise the expropriators of cultivated land to reclaim the land in accordance with the plans, and conduct acceptance inspection. The establishment of this system marks the beginning of the balance policy of land requisition and compensation in China. Some Chinese scholars believe that the balance policy of land requisition and compensation does not play a significant role in maintaining the bottom line of 1.8 billion mu of cultivated land, but only slows down the encroachment of urbanization on cultivated land. The cultivated land resources are just being swallowed by urbanization rapidly, but gradually eroded by urbanization. The bottom line of 1.8 billion mu of cultivated land is hard to get rid of the fate of being broken through(Li Wuyan et al. 2006). Other Chinese scholars believe that the policy can effectively prevent the breakthrough of the bottom line of cultivated land and maintain the steady increase of cultivated land(Xu Lili et al. 2015).

In this chapter, the author has the following main points: first, in the practice of land requisition and compensation balance in China, the quality of the requisitioned cultivated land is high, and the newly reclaimed cultivated land is difficult to reach the quality level of the requisitioned cultivated land. Second, reclamation of cultivated land resources, rural land consolidation and new cultivated land quota transaction are the three most important methods to compensate the cultivated land. However, the reclamation of land reserve resources did not pay attention to ecological protection, resulting in many ecological problems. Third, there are two implementation modes of the policy, among which the mode of “first compensation for cultivated land, then expropriation of cultivated land” is widely supported by Chinese scholars of cultivated land protection, and will become the future development direction of cultivated land protection policy. Fourth, because the index of grain output level is easy to quantify, it will become an important index for China to determine the quality and quantity conversion coefficient between the requisitioned cultivated land and the compensated cultivated land. A detailed discussion of the above points will be the objective of the following context.