The Definition of the Connotation and Effect of “Non-grain Production of Cultivated Land”

In November 2020, the General Office of the State Council issued the opinions on preventing the non-grain conversion of cultivated land and stabilizing grain production, clearly proposing to take effective measures to prevent the non-grain conversion of cultivated land. Since then, the policy has been gradually refined and implemented in the No. 1 document of the CPC Central Committee from 2021 to 2023. However, there are still law enforcement problems that are difficult to implement and control. In order to solve this problem, it is necessary to start with the determination of the connotation of “non-grain production of cultivated land” . At present, the scope of the term “non-grain production of cultivated land” is not accurate, which is mainly manifested in that the scope of expression of “cultivated land” is too large, and the judgment standard of “decriminalization” is in doubt. Therefore, it is necessary to explain this under the framework of the current law in order to clarify the connotation of “non-grain production of cultivated land” , and on this basis, by clarifying the checks and balances between land usage control power and land management right in the use of agricultural land and analyzing the boundary of balances between the two rights at three levels, it is concluded that the definition of the connotation of “non-grain conversion of cultivated land” can delimit the boundary between the two rights at the third level, and finally find a balance between the two.