Ziyuan Kexue (May 2023)
Normative logic and implementation of the “three aspects in one” legal protection of the black soil land
Abstract
The decrease of the total amount and quality and degeneration of the ecological function of the black soil land in China has affected the grain output and national food security. The purpose of this study was to clarify the normative logic of the legal protection of the black soil land, build a strict legal protection model of the black soil land and explore its implementation, and solve the dilemma of the “three aspects in one” legal protection of the black soil land through good law and good governance, which is of great significance for firmly safeguarding the arable land of China and consolidating the foundation of national food security. As it exists compatibility between the overall system view and the “three aspects in one” legal protection of the black soil land, taking the overall system view as the logical direction is the normative logic of black soil land legal protection. The legal protection of black soil land should have laws to abide, have regulations to follow, and be strengthened by supervision and management. Formulating the rule of law of the “three aspects in one” black soil land protection should follow the logical structure of “promoting legislation, emphasizing implementation, and strengthening supervision”, which should not only rely on the regular legal system from the legislative level to regulate, but also form a strict legal implementation system and supervision system to fulfill prevention, control and regulation for protection. All in all, food security is the logical starting point of the legal protection of the black soil land, which should focus on the “three aspects in one” protection of quantity, quality, and ecology, and adhere to the route of rule of law. Leading by the government, encouraging all sectors of society to participate in protection, promoting governance by obeying the law, and strengthening supervision and management of the legal protection of the black soil land are an effective way to promote the healthy development of the black soil land and ensure national food security. In the practice of promoting legal constrcution of black soil land, the government at all levels must actively lead, promote regularly and orderly the enforcement of law and regulation of black soil land protection and comprehensively supervise its effective operation. Meanwhile, the government should encourage all sectors of society to take part in protecting the black soil land so as to form a joint force of protection. Thus, it will promote the benign development of black soil land and fulfill the national food security.
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