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Basic farmland includes farmland that provides basic consumption of local foodIt is a fixed land that cannot be expropriated, abandoned, grazing and other behaviors that destroy agricultural production, and the contracted mountain farms do not belong to basic farmland.
In the demarcation and management of permanent basic farmland, it is necessary to adopt comprehensive administrative, legal, economic, and technical means to strengthen management, so as to realize the comprehensive management and protection of the quality, quantity, and ecology of permanent basic farmland.
Priority should be given to classifying the high-quality cultivated land that is easily occupied in the vicinity of cities and towns as permanent basic farmland, strictly controlling the process of urbanization, speeding up the crowding out of cultivated land, especially the high-quality cultivated land in the periphery of cities, so as to leave fertile land for future generations.
Planning Recommendations:
First, it should be combined with various types of planning: The demarcation of permanent basic farmland should be scientifically combined with the planning achievements of the national economic and social development plan, the overall land use plan, the urban and rural construction plan, the agricultural development plan, the ecological environment construction plan, and the special plan for basic farmland, and the scope of permanent basic farmland should be delineated on the basis of the coordination and unification of various plans, so that it can be protected for a long time.
The second is to combine with the results of agricultural land classification and the data of the second land survey: the demarcation of permanent basic farmland must be based on the results of agricultural land classification and grading, and the cultivated land of high and superior grade must be included in the demarcation of high and excellent farmland, and at the same time, the results of the second land survey should be used to delineate permanent basic farmland on the basis of accurate cadastral, so that the permanent basic farmland can be accurately located and easy to manage.
Third, it is combined with the land consolidation project: The implementation of the land consolidation project is a comprehensive transformation of fields, water, roads, forests, and villages with relatively large funds invested by the state, so that the cultivated land to be consolidated will meet the standards of high-quality, high-yield, and fertile land. Therefore, cultivated land that has undergone land consolidation must be prioritized as permanent basic farmland.
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One isBasic farmlandEstablish protected areas through a planning system.
Regulations on the Protection of Basic Farmland (hereinafter referred to as the "Regulations").
Article 8 stipulates that "the people at all levels shall prepare the overall land use plan.
The protection of basic farmland should be regarded as a part of the plan, and the layout planning and quality requirements of the protection of basic farmland should be clarified. The overall land use planning at the county level and township level shall determine the basic farmland protection zone. ”
Second, basic farmland is demarcated on a township basis.
Article 11 of the Regulations stipulates: "The basic farmland protection area shall be defined by the township as a unit, and shall be organized and implemented by the people's land administrative departments at the county level in conjunction with the agricultural administrative departments at the same level. Delineation of the basic farmland protection area, by the county-level people's protection signs, to be announced, by the county-level people's land administrative departments to establish archives, and a copy to the agricultural administrative departments at the same level.
No unit or individual may destroy or change the protection signs of the basic farmland protection zone without authorization.
Third, the amount of basic farmland must not be reduced.
The "Regulations" clearly stipulate that local people at all levels **.
Measures should be taken to ensure that the amount of basic farmland within the administrative area as defined in the overall land use plan does not decrease.
Set up the background. Most of the cultivated land around China's cities and towns is a high-yield field that has been formed for a long time, and in the process of urban development, it will be eaten by reinforced concrete in a circle, which will cause serious consequences.
China's cultivated land has been reduced from 100 million mu in 2000 to 100 million mu in 2007, and with the acceleration of industrialization and urbanization, a certain amount of land still has to be occupied. However, with the increase in population and the continuous improvement of the living standards of urban and rural residents, the demand for agricultural products will increase rigidly, which requires China to maintain the necessary amount of arable land. To this end, China must implement the strictest system of cultivated land protection and resolutely adhere to the red line of 1.8 billion mu of cultivated land.
Strengthen use control.
Industrial "three wastes" and municipal solid waste cause pollution to farmland and irrigation water, plus agricultural non-point source pollution.
It seriously affects the quality and safety of agricultural products.
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1. Basic farmland.
1. The so-called basic farmland refers to the cultivated land that shall not be occupied according to the demand for agricultural products of the population and social and economic development in a certain period of time, and according to the overall land use plan.
2. The basic farmland is composed of two parts: the cultivated land that cannot be occupied for a long time and the cultivated land that cannot be occupied during the planning period.
3. The so-called cultivated land that cannot be occupied for a long time is the part that the common people call "food fields", "life-saving fields" and "permanent cultivated land".
4. The so-called cultivated land that shall not be occupied during the planning period refers to the cultivated land that must be relatively stable in a period of time planned in the overall land use plan and the basic farmland protection area plan.
5. Basic farmland is a part of cultivated land, and it is mainly a part of cultivated land with high yield and high quality, so not all cultivated land is basic farmland. Generally speaking, the cultivated land that is classified as basic farmland is basic farmland.
2. Basic farmland protection policy.
According to Article 3 of the Regulations on the Protection of Basic Farmland, the basic farmland protection policy is: "comprehensive planning, rational utilization, combination of use and maintenance, and strict protection".
3. Compensation system for occupied cultivated land.
The compensation system for the occupation of cultivated land is a legal system for the protection of cultivated land in China. It refers to the cultivated land occupied by non-agricultural construction after approval, and the amount of cultivated land occupied must be reclaimed as much as the quantity and quality of the cultivated land occupied, and the cultivated land that is not reclaimed or does not meet the requirements shall be paid in accordance with the law for cultivated land, and the special funds shall be used to reclaim new cultivated land. The compensation system for cultivated land occupation is an important legal measure to achieve a balance between cultivated land occupation and compensation.
The balance of cultivated land occupation and compensation is the legal obligation of units and individuals occupying cultivated land.
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Article 10 of the Regulations on the Protection of Basic Farmland.
The following cultivated land shall be designated as basic farmland protection zones and strictly managed:
1) Cultivated land in the grain, cotton and oil production bases approved by the relevant competent departments or local people at or above the county level; (2) Cultivated land with good water conservancy and soil and water conservation facilities, which are being renovated and medium and low-yield fields that can be transformed; (C) vegetable production base; (4) Experimental fields for agricultural research and teaching.
According to the overall land use plan, the cultivated land along the railways, highways and other transportation routes, and around the construction areas of cities, villages and market towns, shall be given priority to the designation of basic farmland protection areas; Cultivated land that needs to be returned to forests, pastures, or lakes shall not be designated as basic farmland protection areas.
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Legal analysis: Basic farmland refers to the cultivated land that shall not be occupied according to the overall land use plan and the planning period of the basic farmland protection zone according to the needs of the population for agricultural products in a certain period of time and the population.
Legal basis: Regulations on the Protection of Basic Farmland
Article 2: The State implements a basic farmland protection system.
The term "basic farmland" as used in these Regulations refers to cultivated land that shall not be occupied in accordance with the demand for agricultural products of the population and social and economic development in a certain period of time, and on the basis of the overall plan for land and utilization.
The term "basic farmland protection zone" as used in these regulations refers to the specific protection area determined in accordance with the overall land use plan and in accordance with legal procedures for the special protection of basic farmland.
Article 3 The protection of basic farmland shall be carried out in accordance with the principles of comprehensive planning, rational utilization, combination of use and maintenance, and strict protection.
Article 4: Local people at or above the county level shall include the protection of basic farmland in the national economic and social development plan, as a part of the leadership term target responsibility system, and be supervised and implemented by the people at the next higher level.
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1. What kind of land belongs to basic farmland.
1. The land that belongs to the basic farmland is as follows:
1) Cultivated land in the oil, cotton and grain production bases approved by the county level or above;
2) arable land with good water conservancy and soil and water conservation facilities;
3) vegetable production base;
4) Experimental fields for agricultural research and teaching;
5) Cultivated land that is specified as a basic farmland protection zone.
2. Legal basis: Article 34 of the Land Management Law of the People's Republic of China.
The demarcation of permanent basic farmland shall be carried out on a township (town) basis, and shall be organized and implemented by the competent department of natural resources of the people's ** at the county level in conjunction with the competent department of agriculture and rural affairs at the same level. Permanent basic farmland shall be implemented on plots and included in the national database of permanent basic farmland for strict management.
Township (township) people of the split tribe shall announce the location and scope of permanent basic farmland to the public, and set up protection signs.
Article 35.
After the permanent basic farmland has been demarcated in accordance with the law, no unit or individual may occupy or change its use without authorization. It is indeed difficult to avoid permanent basic farmland in the site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities, and those involving the conversion of agricultural land or land acquisition must be approved.
It is forbidden to circumvent the approval of the conversion of permanent basic farmland and agricultural land or land acquisition by means such as adjusting the overall land use plan at the county level or the overall land use plan of the township (town) without authorization.
2. What are the characteristics of basic farmland?
1. Basic farmland is cultivated land that must be ensured to meet the demand for agricultural products for population and social and economic development in a certain period;
2. The layout, quantity and quality requirements of basic farmland shall be determined by the people at all levels through the preparation of overall land use plans;
3. Once the basic farmland is demarcated in accordance with the law, it shall not be occupied by bench stalls for a long time.
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Basic farmland is based on the demand for agricultural products in accordance with the population and socio-economic development in a certain periodLand Use Master PlanCultivated land that shall not be occupied.
Basic farmland is a part of cultivated land, and it is mainly a part of cultivated land with high yield and high quality. Generally speaking, the cultivated land that is classified as basic farmland is basic farmland. Basic farmland protection zones refer to specific protected areas determined in accordance with the overall land use plan and in accordance with legal procedures for the purpose of special protection of basic farmland.
Planting range of basic farmland is combined:
Basic farmland is a part of cultivated land, and it belongs to the part of cultivated land with high yield and high quality. In general, farmland that is included in the protection area of basic hail farmland is subject to special protection and is classified as "permanent basic farmland."
In the first category, it should not be used for other purposes under any circumstances.
The scope of cultivation of basic farmland is clearly stipulated, and is strictly limited to the scope of planting, mainly including grain, cotton, silk, tea, oil, hemp, sugar, fruits, medicines, vegetables, tobacco, miscellaneous and other crops before production. Although the categories are strictly limited, there are still many options available, and farmers can adjust the production pattern on the basic farmland.
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Basic farmland refers to:Permanent basic farmlandThe concept of permanent protection of basic farmland was coined by the Third Plenary Session of the 17th Central Committee of the Communist Party of China in 2008. "Permanent basic farmland" means basic farmland that cannot be changed under any circumstances and cannot be diverted for other purposes in any way.
Basic farmland refers to China's demand for agricultural products in accordance with population and socio-economic development in a certain period of time, and according to the overall land use plan.
It is determined that the cultivated land of the Qing Dynasty shall not be occupied.
In the demarcation and management of permanent basic farmland, it is necessary to adopt comprehensive administrative, legal, economic, and technical measures to strengthen management, so as to realize the comprehensive management and protection of the quality, quantity, and ecology of permanent basic farmland. In 2020, there will be no less than 100 million mu of permanent basic farmland.
On November 7, 2018, in order to implement the strictest cultivated land protection system, the competent departments of natural resources at all levels strengthened law enforcement and supervision, and seriously investigated and dealt with a number of cases of illegal occupation and destruction of permanent basic farmland. Ministry of Natural Resources.
Ten cases in this regard were reported to the public.
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