“挖塘养鱼”合法性分析——基于江苏省水产养殖的调研

Research on the legitimacy of "Digging pound to aquaculture" : based on the survey of aquaculture in Jiangsu province

"挖塘养鱼"在江苏省农村地区大量存在,其合法性尚存在一些问题。论文分析其产出原因:一是相对种植业而言,从事水产养殖收益较高,二是农村地区存有大量闲置的土地资源,三是农民自身法律意识淡薄。并依据现行法律法规剖析了"挖塘养鱼"的正当性、合法性,在此基础上,对如何规范"挖塘养鱼"现象提出了建议,一是根据土地不同性质,区别对待"挖塘养鱼"现象,二是充分调动农民办理养殖权证的积极性,三是尽快出台专门针对"挖塘养鱼"的管理办法。

＂Digging pound to aquaculture＂ is universal in rural areas of Jiangsu Province, but there are some problems in its legality. This article analyzes the causes of this phenomenon, the first is that aquaculture gains higher compared with the crop farming, the second is that there is large number of idle land resources in rural areas, the third is that farmers have weak legal consciousness. This article also analyzes the legitimacy and legality of ＂Digging pound to aquaculture＂ on the basis of the current laws and regulations, and makes suggestions on how to regulate this phenomenon, the first is that making differences between these phenomena according to the different nature of the land, the second is mobilizing the enthusiasm of farmers＇ transacting the aquaculture certificate, the third is that issuing guidance measures on ＂Digging pound to aquaculture＂ as soon as possible.