Journal of Northeastern University(Social Science) ›› 2014, Vol. 16 ›› Issue (5): 517-522.DOI: -

• Law • Previous Articles     Next Articles

Foreign Legal Policies of Farmland Protection and Their Implications to China

Yan Qi-hua1,2, LI Bing-ran3   

  1. (1. Law School, Liaoning University, Shenyang 110036, China; 2. Law School, Shenyang Normal University, Shenyang 110034, China; 3. School of Humanities & Law, Northeastern University, Shenyang 110819, China)
  • Received:2013-11-15 Revised:2013-11-15 Online:2014-09-25 Published:2015-11-10
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Abstract: Along with the rapid development of social economy and the consistent growth of population, many countries in the world have to face the problem that the quantity and quality of farmland is continuously on the decrease. Therefore, these countries have introduced different types of legal policies to protect farmland, which include full property interests, partial property interests, taxation, TDR, and command-and-control regulation. Based on their experiences, the protection policies that make economic incentive as the core value seem to work the best. Currently, the main policies of farmland protection implemented in China are enforced by the governments intervention, which are classified into command-and-control regulation. Due to a lack of economic incentive mechanisms, the legislative agenda of farmland protection is difficult to achieve. Accordingly, in order to better protect the increasingly scarce farmland resources, it is necessary to enact the legislative contents in improving the relevant legal policies, which include applying more economic means, limiting the governments excessive intervention, and introducing such policies as partial property interests and TDR so as to achieve the goal of farmland protection.

Key words: farmland protection, legal policy, property interests

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