“耕地非粮化” 的内涵厘定及效应阐明

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

  • 摘要: 2020年11月,国务院办公厅印发《关于防止耕地“非粮化”稳定粮食生产的意见》,明确提出要采取有力举措防止耕地“非粮化”,切实稳定粮食生产,牢牢守住国家粮食安全的生命线。2021—2023年中央一号文件将该政策逐步细化落实,但是实践中仍存在实施难、管控难的执法难题。为解决此难题,需从“耕地非粮化”的内涵厘定入手进行解决。目前,“耕地非粮化”用语范围不精确,主要表现为“耕地”表述范围过大、“非粮化”判断标准——行为标准抑或耕地地力标准存疑。因此,需在现行法框架下对此进行解释作业以明晰“耕地非粮化”的内涵,并在此基础上,通过明晰土地用途管制权和土地经营权在农用地利用方面的制衡关系,分析两权在三个层面的制衡边界,由此得出“耕地非粮化”内涵厘定能够在第三个层面划定两权的界限,最终在两权之间寻得平衡。

     

    Abstract: 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.

     

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