乡村振兴背景下耕地种植用途管控制度的现实困境和法治路径优化

Practical Dilemmas and Legal Path Optimization of the Regulatory System of Cultivated Land Planting Uses in the Context of Rural Revitalization

摘要:

耕地种植用途管控制度已成为国家耕地保护体系的核心组成部分。该制度以国家干预理论与利益平衡理论为基础，经历了理念的变化。然而，随着制度实践的深入推进，面临的现实困境也逐渐显现。该制度在实践层面存在核心概念模糊、法律政策脱节、执法权责交叉以及补偿不足等突出问题。因此，亟需通过完善制度设计以明确规则、优化执法机制以厘清权责，健全利益协调机制以弥补补偿短板。

Abstract:

Against the backdrop of rural revitalization, the cultivated land planting use regulatory system has been formally established as a fundamental legal system through the provisions of the Food Security Guarantee Law of the People’s Republic of China（implemented in 2024）, and has become a core component of the national cultivated land protection framework. Based on the theories of state intervention and interest balancing, this system has undergone an evolution in its conceptual orientation. However, as the implementation of the system deepens, its practical dilemmas have become increasingly apparent, including issues such as ambiguous core concepts, disconnection between laws and policies, overlapping enforcement responsibilities, and insufficient compensation. Therefore, it is imperative to refine the institutional design to clarify rules, optimize enforcement mechanisms to delineate responsibilities, and improve interest coordination mechanisms to make up for the deficiency in compensation.