我国耕地破坏鉴定制度建设分析及对策建议

On the Construction of Appraisal System of Cultivated Land Destruction and Countermeasures and Suggestions

探索建立耕地破坏鉴定制度框架体系,服务于土地执法监察和司法诉讼的需要,实现耕地破坏鉴定工作制度化、规范化和程序化,为遏制破坏耕地行为提供完善的高质量的制度保障。采用问题导向法、文献综述法和案例实证法的研究方法。编制耕地破坏鉴定制度机制应然图景框架图,提出耕地破坏鉴定制度建设对策建议,积极开展耕地破坏鉴定理论研究,尽快修订出台法律释义,制定出台全国性耕地破坏鉴定政策文件,编制鉴定机构体系建设顶层设计,制定全国性的耕地破坏鉴定行业标准。

This paper explored the establishment of the framework containing the appraisal system of cultivated land destruction to meet the needs of land law enforcement supervision and judicial litigation and achieve the institutionalization,normalization and routinization of the appraisal of cultivated land destruction,with a hope to provide a sophisticated and high-quality institutional guarantee for curbing the behavior of destructing cultivated land.Research methods such as the problem-oriented method,document-summarized method,and case-studied method were adopted in this paper.This paper also compiled a frame map that demonstrated the should-be picture of the appraisal system of cultivated land destruction,and put forward countermeasures and suggestions for constructing the appraisal system of cultivated land destruction:actively carrying on researches on the theory of the appraisal of cultivated land destruction;revising and introducing relevant legal interpretations as soon as possible;making and issuing national policy documents about cultivated land destruction identification;programming a top-level design for the construction of appraisal agency system;and developing national industry standards for the appraisal of cultivated land destruction.