The purposes of this study are to explore the goal orientation of farmland protection compensation system,to accurately grasp the adjustment scope of farmland protection compensation system,and to provide references for establishing a scientific farmland protection compensation system under the Farmland Protection Law.The research methods include normative analysis and institutional goal analysis.The results show that at the epistemological level,the jurisprudential basis for limiting farmland rights and compensation is blurred;at the ontological level,there are still controversies over the attributes of the complex category of farmland protection compensation;at the axiological level,the incentive attributes of ecological benefits and gains are not manifested.Farmland has the coexisting attributes of resource interests and ecological interests.The relevant clauses in the Draft Farmland Protection Law are still products under the legislative concept of"resources-regulation"with significant structural defects.With the purpose of compensation as the benchmark,the system covers the compensation for the continuation of farmland resources and the compensation for the ecological protection of farmland.With the attributes of compensation as the benchmark,the system includes compensation for farmland protection leveling and incentives and subsidies for farmland protection.In conclusion,it is recommended to embed the farmland protection compensation system in the Farmland Protection Law through the"general provisions + specific system group"model,to achieve the goal orientation,value guidance and functional preset of the system to maintain food security and ecological security.
关键词
耕地保护补偿/耕地资源存续补偿/耕地生态保护补偿/耕地发展权/生态价值
Key words
farmland protection compensation/farmland resource persistence compensation/farmland ecological protection compensation/farmland development rights/ecological value
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