林草与农业权责分置矛盾及协同规制路径——基于山水林田湖草沙一体化视角

The Contradiction of the Separation of Rights and Responsibilities between Forestry, Grassland and Agriculture and the Path of Coordinated Regulation—From the Perspective of the Integration of Mountains, Rivers, Forests, Farmlands, Lakes, Grasslands and Deserts

摘要: 国土空间统筹与山水林田湖草沙一体化治理背景下，林草与农业权责分置引发的部门权责冲突成为制约生态保护与粮食安全协同推进的核心制度难题。我国农业农村、林草主管部门长期实行权责分置模式，权责交叉、监管真空并存，衍生空间管控矛盾、生态补偿错配、跨区域监管失效、经营主体激励不足等多重治理问题。现有研究偏重农林复合经营实证分析，缺少适配我国林长制、田长制并行体系的权责协同底层理论。本文采用文献归纳与理论推演法，基于制度边界、协同规制、整体性权责、生态权四大理论，剖析林草与农业权责分置的形成逻辑与现实困境，阐释农林协同规制的边界、价值、约束三维逻辑，构建“权责划分–规制工具–协同机制–监督问责”四位一体协同规制框架。研究弥补农林治理领域重产业、轻权责规制的研究短板，为林农行政体制改革、林地耕地跨界治理、全域生态系统统筹提供理论支撑。

Abstract: Under the background of the overall planning of territorial space and the integrated governance of mountains, rivers, forests, farmlands, lakes, grasslands and deserts, the conflicts of power and responsibility among departments caused by the separation of agriculture and forestry management have become the core institutional problem restricting the coordinated advancement of ecological protection and food security. For a long time, the competent authorities of agriculture and rural affairs and forestry and grassland in our country have implemented a model of separation of powers and responsibilities, with overlapping powers and responsibilities and coexisting regulatory vacuas. This has led to multiple governance problems such as spatial control conflicts, mismatch of ecological compensation, failure of cross-regional supervision, and insufficient incentives for business entities. Existing research focuses more on empirical analysis of agroforestry operations and lacks the underlying theory of rights and responsibilities coordination that is suitable for the parallel system of forest chief system and field chief system in China. This paper adopts the methods of literature review and theoretical deduction, based on the four major theories of institutional boundaries, collaborative regulation, overall rights and responsibilities, and ecological rights, to analyze the formation logic and practical predicaments of the separation of rights and responsibilities in agriculture and forestry, and explain the three-dimensional logic of boundaries, values, and constraints of collaborative regulation in agriculture and forestry. Build a five-in-one collaborative regulatory framework featuring “division of rights and responsibilities-regulatory tools-collaborative mechanisms-supervision and accountability-legal guarantees”. This study aims to address the research shortcomings in the field of agricultural and forestry governance, which focus more on industries than on the regulation of rights and responsibilities, and to provide theoretical support for the reform of the administrative system of forestry and agriculture, cross-border governance of forest land and cultivated land, and the overall planning of the ecosystem.