In general, mountain farms should not belong to basic farmland.
I. Basic farmland
1. The so-called basic farmland refers to the cultivated land that cannot be occupied according to the demand for agricultural products by population and social and economic development in a certain period and the overall land use planning.
2. Basic farmland consists of two parts: cultivated land that cannot be occupied for a long time and cultivated land that cannot be occupied during the planning period.
The so-called cultivated land that can't be occupied for a long time is what the people call "eating place", "life-saving place" and "permanent cultivated land".
4, the so-called planning period shall not occupy cultivated land, refers to the overall land use planning and basic farmland protection area planning must have relatively stable cultivated land for a period of time.
Basic farmland is a part of cultivated land, and it is mainly a part with high yield and high quality, so not all cultivated land is basic farmland. Generally speaking, the cultivated land included in the basic farmland protection area is the basic farmland.
Second, the basic farmland protection policy
According to Article 3 of the Regulations on the Protection of Basic Farmland, the principle of basic farmland protection is "comprehensive planning, rational utilization, combination of utilization and maintenance, and strict protection".
Third, the compensation system for the occupation of cultivated land.
Cultivated land occupation compensation system is a legal system to protect cultivated land in China. Refers to the quantity of cultivated land occupied by non-agricultural construction, which is equivalent to the quantity and quality of cultivated land occupied. If the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the law and used exclusively for reclaiming new cultivated land. The compensation system of cultivated land occupation is an important legal measure to realize the balance of cultivated land occupation and compensation. The balance of cultivated land occupation and compensation is the legal obligation of units and individuals occupying cultivated land.
Generally speaking, mountainous areas should not be basic farmland, but there are some special circumstances. For example, all the local land is basically mountainous areas, and the mountainous areas with better conditions may belong to cultivated land that cannot be occupied during the planning period. In short, the authoritative judgment is based on the local overall land use planning.
What does basic farmland include?
Basic farmland refers to the cultivated land that is not occupied during the planning period of basic farmland protection areas, which is determined according to the demand of population and social and economic development for agricultural products and the prediction of construction land in a certain period and the overall land use planning. Basic farmland is a part of cultivated land. Generally speaking, the cultivated land included in the basic farmland protection area is the basic farmland. According to Article 34 of the Land Management Law, the following cultivated land should be included in the basic farmland protection area according to the overall land use planning: (1) cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level. (2) Cultivated land with good water conservancy and soil and water conservation facilities is undergoing transformation plans and low-and medium-yield fields that can be transformed. (3) Vegetable production base. (4) experimental fields for agricultural scientific research and teaching. (five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.
The connotation of basic farmland and its types.
Basic farmland refers to the cultivated land that is not occupied during the planning period of basic farmland protection areas, which is determined according to the demand of population and social and economic development for agricultural products and the prediction of construction land in a certain period and the overall land use planning. Basic farmland is a part of cultivated land. Generally speaking, the cultivated land included in the basic farmland protection area is the basic farmland. According to Article 34 of the Land Management Law, the following cultivated land should be included in the basic farmland protection area according to the overall land use planning: (1) cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level. (2) Cultivated land with good water conservancy and soil and water conservation facilities is undergoing transformation plans and low-and medium-yield fields that can be transformed. (3) Vegetable production base. (4) experimental fields for agricultural scientific research and teaching. (five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.
What does "basic farmland" mean?
The concept of basic farmland refers to the long-term unoccupied cultivated land determined according to the demand of population and social and economic development for agricultural products in a certain period, the prediction of construction land and the overall land use planning. It should be said that basic farmland is the minimum cultivated land demand that must be guaranteed in order to meet the demand of population and social and economic development for agricultural products in a certain period of time.
The so-called basic farmland refers to the cultivated land that cannot be occupied without the approval of the State Council during the overall land use planning period according to the demand of population and national economy for agricultural products and the prediction of construction land in a certain period. In order to meet the demand of population and national economy for agricultural products in a certain period of time, the minimum demand for cultivated land must be guaranteed from a strategic point of view, which is called "eating field" and "life-saving field" by the people.
This word was first put forward at the conference on soil and water conservation in the middle and lower reaches of the Yellow River held in June1963+0/,that is, "gradually establish high-yield basic farmland through soil and water conservation". After that, although there are different formulations in different documents, the central content of basic farmland has not changed, that is, high and stable yield farmland, emphasizing the quality difference between basic farmland and general cultivated land, reflecting the inherent fertility and production characteristics of land. In the "Regulations on the Protection of Basic Farmland" issued by the State Council 1994, the definition of basic farmland is: "According to the demand of agricultural products for population and social and economic development in a certain period and the prediction of construction land, the cultivated land that is not allowed to be occupied is determined according to the overall land use plan, and it is not allowed to be occupied during the planning period of basic farmland protection areas." Basic farmland is a part of cultivated land, which is a part of high-yield and high-quality cultivated land. Not all cultivated land is basic farmland. Generally speaking, the cultivated land included in the basic farmland protection area is the basic farmland. Ordinary people call basic farmland "a field for eating" and "a field for saving lives".
The protection of basic farmland mainly includes two aspects: ① the protection of basic farmland quantity. After the basic farmland protection areas are demarcated according to law, no unit or individual may change or occupy them. National energy, transportation, water conservancy, military facilities and other key construction projects can not avoid the basic farmland protection areas, which need to be occupied, and must be approved by the State Council. B. If the basic farmland is occupied with the approval of the State Council, the local * * * will modify the overall land use plan according to the approval documents of the State Council, and add basic farmland with the same quantity and quality. The occupying unit shall be responsible for reclaiming the cultivated land equivalent to the quantity and quality of basic farmland according to the principle of how much it occupies and how much it cultivates; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, and the special funds shall be used for reclamation of new cultivated land. It is forbidden for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, borrow soil and pile up solid wastes in the basic farmland protection areas. No unit or individual is allowed to idle or waste basic farmland. Approved occupation of basic farmland, not used for a full year and can be cultivated and harvested, by the original farming units or individuals to resume farming, but also by land units to organize farming; If construction has not started for more than one year, idle fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If it has not been used for two consecutive years, with the approval of the State Council, the people's government at or above the county level shall recover the land use right of the land-using unit free of charge; This land was originally owned by farmers' collectives, and was handed over to the former collective economic organizations to resume farming and re-classified into basic farmland protection areas. If a unit or individual contracted to operate basic farmland has abandoned cultivated land for two consecutive years, the original contractor may terminate the contract and recover the contracted basic farmland. ② Quality protection of basic farmland. Units and individuals engaged in agricultural production by using basic farmland must maintain and improve soil fertility. The state advocates and encourages agricultural producers to apply organic fertilizer to the basic farmland they operate, and rationally apply chemical fertilizers and pesticides. B. The people's government at the county level shall formulate the grading method of basic farmland fertility according to the local actual situation, which shall be organized and implemented by the agricultural administrative department in conjunction with the land administrative department, and the basic farmland fertility shall be graded and archived, and the rural collective economic organizations or villagers' committees shall regularly evaluate the basic farmland fertility grade. Agricultural administrative departments of local people's governments at or above the county level shall gradually establish long-term monitoring stations for basic farmland fertility and fertilization benefits, and regularly submit reports on the changes of basic farmland fertility and corresponding fertility protection measures to the people's governments at the same level. (three) to provide fertilizer or urban garbage and sludge to the basic farmland protection areas, it must meet the relevant national standards. If accidents or other emergencies cause or may cause environmental pollution accidents in basic farmland, relevant parties must take immediate measures ..... >>
The connotation of basic farmland, including what types of cultivated land.
A: Basic farmland refers to the cultivated land that cannot be occupied according to the demand of population and social and economic development for agricultural products in a certain period and the overall land use planning. Including: grain, oil, cotton and famous, excellent, special and new agricultural products bases approved by the competent authorities of the State Council and local people's governments at or above the county level; High and stable yield fields, cultivated land with good water conservancy and soil conservation facilities, and medium and low yield fields that have been rehabilitated and are being implemented; Vegetable production bases in large and medium-sized cities; Experimental field for scientific research and teaching.
What's the difference between basic farmland and ordinary farmland? Thank you for your questions.
Basic farmland is protected by the state and may not be requisitioned or developed.
The connotation of basic farmland and what types of cultivated land it includes.
All arable land can be zoned into protected areas.
What are the provisions of the Basic Farmland Delimitation Law?
Regulations on the protection of basic farmland
(1Promulgated by Decree No.257 of the State Council of the People's Republic of China on February 27th, 1998, revised according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on October 8th, 20 1 1).
Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the Agriculture Law of People's Republic of China (PRC) and the Land Management Law of the People's Republic of China in order to protect basic farmland and promote the sustainable development of agricultural production and social economy.
Article 2 The state practices the system of protecting basic farmland.
The term "basic farmland" as mentioned in these Regulations refers to the cultivated land that is not allowed to be occupied according to the demand of population and social and economic development for agricultural products in a certain period and the overall land use planning.
The term "basic farmland protection areas" as mentioned in these Regulations refers to the specific protection areas for special protection of basic farmland determined according to the overall land use planning and legal procedures.
Article 3 The protection of basic farmland shall follow the principles of overall planning, rational utilization, combination of use and maintenance and strict protection.
Article 4 The local people's governments at or above the county level shall incorporate the protection of basic farmland into the national economic and social development plan as part of the target responsibility system during the leadership term, and the implementation shall be supervised by the people's government at the next higher level.
Article 5 All units and individuals have the obligation to protect basic farmland, and have the right to report and accuse the encroachment and destruction of basic farmland and other acts in violation of these Regulations.
Article 6 the State Council land administrative departments and agricultural administrative departments shall be responsible for the protection and management of basic farmland in accordance with the division of responsibilities stipulated by the State Council and these Regulations.
The land administrative departments and agricultural administrative departments of the local people's governments at or above the county level shall be responsible for the protection and management of basic farmland within their respective administrative areas in accordance with the division of responsibilities stipulated by the people's governments at the corresponding levels.
The township (town) people's government is responsible for the protection and management of basic farmland within its administrative area.
Article 7 The State shall reward units and individuals that have made outstanding achievements in protecting basic farmland.
Chapter II Delimitation
Eighth people at all levels * * * in the preparation of the overall land use planning, should take the protection of basic farmland as an integral part of the planning, clear the layout arrangement, quantitative indicators and quality requirements of basic farmland protection.
The overall land use planning at county level and township (town) shall determine the basic farmland protection areas.
Article 9 The basic farmland designated by provinces, autonomous regions and municipalities directly under the Central Government shall account for more than 80% of the total area of cultivated land within their respective administrative areas, and the specific quantitative indicators shall be issued step by step according to the overall national land use plan.
Tenth the following cultivated land should be included in the basic farmland protection areas, strict management:
(a) the cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level;
(2) Cultivated land with good water conservancy and soil and water conservation facilities, where the transformation plan is being implemented, and low-and medium-yield fields that can be transformed;
(3) Vegetable production bases;
(4) experimental fields for agricultural scientific research and teaching.
According to the overall land use planning, the basic farmland protection areas should give priority to the cultivated land along railways, highways and other traffic and around the construction land of cities, villages and market towns; Cultivated land that needs to be returned to forests and lakes shall not be included in the basic farmland protection areas.
Eleventh basic farmland protection areas shall be divided into townships (towns) as units, and shall be organized and implemented by the land administrative departments of the people's governments at the county level in conjunction with the agricultural administrative departments at the same level.
The designated basic farmland protection areas shall be marked and announced by the people's government at the county level, and the land administrative departments of the people's government at the county level shall establish files and send a copy to the agricultural administrative departments at the same level. No unit or individual may destroy or change the protection signs of basic farmland protection areas without authorization.
After the demarcation of basic farmland, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the land administrative departments and agricultural administrative departments for acceptance and confirmation, or the people's governments of provinces, autonomous regions and autonomous prefectures shall organize the land administrative departments and agricultural administrative departments for acceptance and confirmation.
Twelfth delineation of basic farmland protection areas, shall not change the contractual management right of land contractors.
Thirteenth technical regulations for the delineation of basic farmland protection areas shall be formulated by the land administrative department of the State Council in conjunction with the agricultural administrative department of the State Council.
Chapter III Protection
Fourteenth local people's governments at all levels should take measures to ensure that the number of basic farmland in their administrative areas as determined in the overall land use planning does not decrease.
Fifteenth basic farmland protection areas are demarcated according to law, and no unit or individual may change or occupy them. The site selection of national key construction projects such as energy, transportation, water conservancy and military facilities is really unavoidable ... >>
What is basic farmland? Are all rural fields called basic farmland?
Basic farmland has been demarcated everywhere. The prescribed conditions for basic farmland are as follows:
"Regulations on the Protection of Basic Farmland" Article 2 The state practices a system for the protection of basic farmland. The term "basic farmland" as mentioned in these Regulations refers to the cultivated land that is not allowed to be occupied according to the demand of population and social and economic development for agricultural products in a certain period and the overall land use planning. The term "basic farmland protection areas" as mentioned in these Regulations refers to the specific protection areas for special protection of basic farmland determined according to the overall land use planning and legal procedures.
Article 10 The following cultivated land shall be classified into basic farmland protection areas and strictly managed: (1) Cultivated land in grain, cotton and oil production bases approved by relevant competent departments of the State Council or local people's governments at or above the county level; (2) Cultivated land with good water conservancy and soil and water conservation facilities, where the transformation plan is being implemented, and low-and medium-yield fields that can be transformed; (3) Vegetable production bases; (4) experimental fields for agricultural scientific research and teaching. According to the overall land use planning, the basic farmland protection areas should give priority to the cultivated land along railways, highways and other traffic and around the construction land of cities, villages and market towns; Cultivated land that needs to be returned to forests and lakes shall not be included in the basic farmland protection areas.