Defining the concept related to comprehensive supervision of agricultural natural resources, sorting out the laws and supervisions related to the existing supervision system, and recognizing the reform trend in the supervision of agricultural natural resources and the objectives system of comprehensive supervision is the premise for the normative construction of a legal system for comprehensive supervision of agricultural natural resources.
2.1. Supervision Concept and System Status Quo of Agricultural Natural Resource Assets
2.1.1. Agricultural Natural Resource Assets and Their Characteristics
China currently has seven normative documents involving the “comprehensive supervision of agricultural natural resources assets”, none have been elevated to the status of law or department regulation. Specifically include: the “Regulation on Comprehensive Management of Agricultural Natural Resources of Zhejiang Province” in 2004; the “Regulation on Comprehensive Management of Agricultural Natural Resources of Hubei Province” in 2007; the “Implementation Opinions on Promoting the Application and Development of Land and Resources Big Data” issued by the Ministry of Land and Resources in 2016; the Ministry of Land and Resources issued the “13th Five-Year Plan for Science and Technology Innovation Development of Land and Resources” in 2016; the National Administration of Surveying and Mapping and Geographic Information issued the “13th Five-Year Plan for the Development of Surveying, Mapping and Geographic Information Technology” in 2016; the General Office of the Ministry of Land and Resources issued the “Implementation Plan of the Ministry of Land and Resources” in 2016; the General Office of the Ministry of Land and Resources issued the “Notice on the Selection of the Third Batch of the High-level Innovative Scientific and Technological Talents Training Project in Land and Resources” in 2017. Most normative documents only treat the comprehensive supervision of natural resources as an important field of scientific and technological innovation and theoretical exploration.
Only Hubei Province and Zhejiang Province have formulated local regulations on comprehensive supervision of agricultural natural resources in China. Article 2 of the local supervision of the said two provinces defines agricultural natural resources as land, water, forest, biology, climate, and other natural resources related to the production activities of crop farming, animal husbandry, forestry, and fishery. However, there is no unified conclusion in the academic community about the connotation of “agricultural natural resources assets”. However, there is no unified conclusion in the academic community about the connotation of “agricultural natural resources assets”. Based on semantic interpretation, it can be regarded as a composite designation formed by the three elements of “natural resources”, “assets”, and “agriculture”. This concept comprises three distinct hierarchical levels of progression: “natural resources”, “natural resource assets”, and “agricultural natural resource assets”. The conception is fundamentally defined by the essence of “assets” within the scope of “natural resources” and is specifically limited to the agricultural industry. Its characteristics can be summarized as follows: first, the industrial attributes are confined to agriculture, including sectors such as crop cultivation, livestock, forestry, and fisheries; second, the ecological attributes are restricted to natural resources such as land, water, forests, biodiversity, and climate; third, the essential attributes focus on economic characteristics manifesting in property relations, such as profitability, controllability, and measurability [
12].
2.1.2. Conceptual Elements of Comprehensive Supervision
Article 4 of “Regulation on Comprehensive Management of Agricultural Natural Resources of Zhejiang Province” points out that “the principle of combining comprehensive management with professional management shall be adopted for agricultural natural resources”, but the concept and scope of “comprehensive management” are not defined. Article 2 of the “Regulation on Comprehensive Management of Agricultural Natural Resources of Hubei Province” clearly defines comprehensive management as “to conduct comprehensive investigation, monitoring, assessment, zoning, and planning of agricultural natural resources and to coordinate and supervise the development, utilization, and protection of agricultural natural resources”. The components of the conceptual framework may encompass the following five aspects: firstly, the objective element, which includes sustainable development, process orientation, and participatory management, among others; secondly, theory elements, such as the systematic idea of the integrated development, and new thinking on great land perspective, great resource perspective, great geology perspective, and great ecology perspective; thirdly, subject elements, such as government agencies (departments of natural resources, environment, and urban and rural administration), non-government organizations, research institutions, communities, and other stakeholders; fourthly, object factors, such as agricultural natural resources, nature reserve or protected area, natural ecological community, biological community, ecosystem structure; finally, elements of nature, such as management methodologies, cognitive approaches, and strategies for natural resource management, etc.
2.1.3. Laws and Supervisions on Supervision Systems of Natural Agricultural Resource Assets in China
At present, agricultural natural resource assets are still subject to individual legislation mainly based on the categories of natural resources in China, which specify the supervision of the exploitation, utilization, management, and costs of the agricultural natural resource assets. For example, Articles 57 to 66 of the “Agriculture Law” of China (2012 Amendment) stipulate “agricultural resources and protection of the agricultural environment”. Articles 2 to 11 of the “Contracting of Rural Land Law” of China (2018 Amendment) stipulate the ownership and the rural land contract management system. Articles 6 to 9 of the “Fisheries Law” of China (2013 Amendment) stipulate the department in charge of fishery administration as well as its institutions for the supervision and administration of fishery. Articles 28 to 37 are specific provisions for the protection of fishery resources and fishing. Articles 38 to 49 deal with liability for violation of the Act, etc. Other legal provisions on the supervision of agricultural natural resources assets are scattered in separate laws, such as the “Use and Management Law of Sea Areas”, “Mineral Resources Law”, “Renewable Energy Law”, “Grassland Law”, “Water Law”, “Coal Law”, “Land Management Law”, and “Forest Law”, etc. Concerning the conservation of agricultural g"enetic resources, such as the provisions outlined in Chapter II of the “Animal Husbandry Law” of China (2022 Revision) concerning the protection of livestock and poultry genetic resources. Provisions on the security of human genetic resources and biological resources are outlined in Chapter VI of the “Biosecurity Law” of China (2024 Amendment); provisions on the protection of germplasm resources are outlined in the supervisions on the supervision on the “Regulation on Protection of New Varieties of Plants” of China (2014 Revision), etc. In addition, some economic laws and supervisions contain relevant provisions on the supervision and administration system regarding the ownership of rights, development, and utilization of agricultural natural resource assets, as well as supervision objectives and the labor division among supervision bodies. For instance, the “State-Owned Assets of Enterprises Law” of China, the “Circular Economy Promotion Law” of China (2018 Amendment) and the “Cleaner Production Promotion Law” of China (2012 Amendment) all contain provisions regarding the enhancement of resource use efficiency.
2.1.4. Current State of Supervision Systems of Natural Agricultural Resource Assets in China
Although legal system for the supervision of agricultural natural resource assets in China has been formed, the laws and supervisions on the supervision are still scattered in the process of the super ministry system restructuring in China, and there are still some problems such as legislation lag, cross supervision, and lower legal level. Specific supervision systems still need to be improved and perfected. Currently, legal system for the supervision of agricultural natural resource assets in China is short of a proclamation in the legal system for comprehensive supervision of agricultural natural resources assets. The laws and supervisions governing the exploitation, utilization, supervision, and management of agricultural natural resource assets are relatively scattered, the regulatory standards for various natural resource assets are different, and the institutional arrangements are inconsistent, which is not conducive to the realization of a comprehensive supervision system of agricultural natural resource assets under the conception of super ministry system restructuring in China. Second, under the current regulatory system, the supervision of various agricultural natural resource assets lacks concentration. Different competent departments are specified in separate laws governing various natural resources, and various regulatory authorities and their duties and responsibilities are unclear, giving rise to cross-supervision. As a result, there is a lack of unified and systematic coordination between the development, utilization, and protection of agricultural natural resource assets. Thirdly, based on the lag of legislation, the current laws and supervision of China on agricultural natural resource assets cannot cover the entire scope of agricultural natural resources. With the progress of society and the development of science and technology, the cognitive ability of natural resources has gradually improved. The existing legislative framework on agricultural natural resource assets is inadequate to address all the emerging resource types anticipated in the future, leading to potential regulatory gaps. In addition, the revision of the “Legislation Law” of China has resulted in a significant expansion of the scope of the subjects enjoying the local legislation and the authority to legislate (including environmental protection). For example, the protection and management of coastal wetlands. In terms of local legislation, there are only two local regulations, the supervision of Lianyungang City on Coastal Wetland Protection and the supervision of Yancheng City on Yellow Sea Wetland Protection. In terms of central legislation, the “Administrative Measures for the Protection of Coastal Wetlands (Draft for Comment)”, formulated by the former State Oceanic Administration (SOA), is still in the public input process. In addition, departmental rules and local supervision represent different interests. There are also differences in the provisions on specific protection management agencies and law enforcement supervision and inspection subjects. These reasons make it difficult to achieve the purpose of comprehensive supervision of coastal wetland resources assets [
13].
2.2. Value Objective of Comprehensive Supervision under the Framework of Super Ministry System Restructuring in China
The value objective model of comprehensive supervision of agricultural natural resource assets should be designed based on the requirements of the central government of China, it observes the laws and supervisions, and the reality of the supervision of agricultural natural resource assets in China, this also absorbs experience of framework design in international integrated natural resource management to promote the realization of the theory of the rule of law in ecological civilization [
14]. The system structure of comprehensive supervision of agricultural natural resource assets is a combination of several factors, including laws and supervisions on supervision of agricultural natural resource assets and relevant supporting systems for supervision of resources assets. Its function is, through a clear definition of property rights, to realize the transformation from the ownership of agricultural natural resource assets to the right to use resource assets in the sense of private law. It promotes the reasonable utilization of agricultural natural resource assets, as well as maintenance and increment of value, to realize ecological justice while maintaining fair trade.
Under the macro guidance of the reform of the super ministry system restructuring, the strategy of rural revitalization, and a holistic view of national security in China, the comprehensive supervision of agricultural natural resource assets should be process-oriented, multiple participation, assets accretion, and technical innovation.
The first aspect is process-oriented. Comprehensive supervision of agricultural natural resource assets is a fundamental process by examining the availability of agricultural natural resources within a specific region and utilizing these assets, rather than on singular factors or commodities. Its orientation is comprehensive supervision for the process of market transactions of agricultural natural resource assets, so it enables resource managers to evaluate from a holistic perspective the impacts of various natural or social disturbances on the ecosystems and core populations of these agricultural natural resources.
The second aspect is multiple participation. Comprehensive supervision of agricultural natural resource assets involves multiple stakeholders. The effective operation of a comprehensive supervision system faces three challenges: firstly, how to promote a flexible mechanism that is viable, conducive to reconciliation, and recognized as legitimate; secondly, how to coordinate the competing interests of different entities such as local, national, and international organizations; thirdly, how to include more stakeholders in natural resource supervision activities. There is a common thread that connects the aforementioned three challenges, which involves empowering the public with oversight capabilities and establishing robust organizational structures. This approach is intended to cultivate their confidence and skills to actively manage the agricultural natural resources upon which they depend for their livelihoods.
The third aspect is to ensure the preservation and appreciation of agricultural natural resource assets. The comprehensive supervision of agricultural natural resource assets pays attention to the ecological environment and the market stage of social economy, emphasizing the importance of viewing agricultural natural resource assets as one of the critical material components in the development process of the market economy. The interplay and collaborative advancement of natural capital with social capital, human capital, and other elements contribute positively to the preservation and appreciation of agricultural natural resource assets, ensuring the security of national resource assets.
The fourth aspect is technical innovation. It is a technical requirement for advancing rural revitalization on all fronts and industrial revitalization in agriculture that we should invigorate the seed industry and support the development of agricultural science, technology, and equipment. By leveraging information technology and participatory techniques, entities develop innovative approaches aimed at enhancing ecosystem resilience, facilitating multiscale collaboration, and reconciling the diverse needs of multiple stakeholders. Advancement in technology is driving the development of simulation technologies and other model types, signifying a breakthrough in our capacity to address complex system issues. This progress contributes to our understanding of the changing mechanisms within agricultural natural resource ecosystems and enhances our ability to predict the potential outcomes of various regulatory schemes.
The comprehensive supervision of agricultural natural resource assets is conducted through the following methods to achieve multi-objective compatibility and trade-offs. First, it is important to expand and refine the objective dimension. As human understanding of nature evolves and technology advances, supervision objectives have expanded from environmental, economic, and social dimensions to encompass areas such as resources, politics, culture, military affairs, and so on. Based on the specific natural geographical area (such as ecological zones) and the various entities involved, the value objectives of comprehensive supervision exhibit both an expandable dimension in terms of natural resources and a transformation that evolves from material to the spirit, and from the tangible to the intangible in the services provided by these resources. Second, it is essential to specify and refine the degree of the objectives. The comprehensive supervision of agricultural natural resource assets further specifies and refines the objectives of each dimension through an understanding of the managed entities. For instance, the integrity of agricultural ecosystems can be specifically categorized into ecosystem structure, composition, processes, and connectivity. Different levels of ecological integrity can be determined based on factors such as landscape characteristics, external pressure sources, vegetation structure, and scale. This categorization allows for the establishment of a “scale” for the objectives, which can not only measure the targets but also indirectly indicate the direction for achieving those targets. Third, it is essential to propose management tools that can balance various objectives. Currently, the concept of integrating diverse goals across political, environmental, economic, social, and cultural dimensions has gained widespread acceptance. When a natural resource management or planning scheme is confronted with various conflicting objectives, determining which management techniques to employ for effective trade-offs becomes the central issue for the comprehensive supervision of agricultural natural resources. Given the characteristics of such supervision, it is paramount to utilize tools for ecosystem-based assessments or for the valuation of agricultural natural resource assets to compare the ecological and economic benefits resulting from different scenarios.