System of compensation for land expropriation

[Abstract] This paper describes three aspects, namely, the status of land acquisition compensation system, the current compensation system for land expropriation main problems, improve the land acquisition compensation system the main ideas.

[Key Words] land legislation for land expropriation compensation system

I. Current Situation of Compensation to Land
According to the Constitution and the Land Management Law, the State collective land expropriation of land should not reduce the living standards of farmers in the principle of compensation, from the ownership of the possession, use, income, empowerment of the four disposition of any transfer of the subject matter should be follow the principle of equal value, or against the rules of market economy. In the U.S., property Law to reasonable compensation under the provisions of the Constitution to compensate the owner fair market value of the property, including property value and property of existing discount future earnings. "confrontation series of government intervention, compensation may be a very powerful weapon. "Our current land compensation system in the following aspects.

1. The principle of compensation
Land legislation in both countries provided compensation for land expropriation system, China is no exception, the current compensation usually has three main principles; First, land acquisition compensation fee is the nature of compensation or benefits, not the land; Second, according to the instructions original use of land acquisition compensation; third in accordance with legal standards to be compensated. As China <<Property Law "> the enactment of the Compensation and specific provisions were made more specific to protect the lives of landless farmers and protect the land the legitimate interests of farmers. The new regulations reflect the party and state on the land requisition compensation and resettlement of landless farmers must ensure that the original living level, the principle of guaranteed long-term livelihood.

2. Compensation and paid project object
1998 revised <"Land Management Law"> provides compensation for land requisitioned include land compensation fees, resettlement subsidies and attachments and young crops compensation fee .2007 enactment of the <<Property Law "> added a new requirements: the land requisition compensation shall pay the full cost, including land compensation fees, resettlement fees, ground attachments and young crops compensation fees, costs, arrangements for the land of farmers of the social security costs.

Object is to be paid to the land of the collective land ownership of the land compensation fee paid to the owner of the Young and the ground attachments and young crops paid compensation for ground attachments to the land caused by surplus labor resettlement subsidy paid.

3. Compensation and resettlement fee standard
Cultivated land acquisition compensation fee for 3 years preceding the requisition of cultivated land average annual output value of 6 to 10 times. Requisitioned cultivated land resettlement fee, according to agricultural population to be resettled is calculated. Number of agricultural population to be resettled, according to the requisition divided by the number of cultivated land is requisitioned land per capital land occupied units in the number of calculations. each agricultural population to be resettled resettlement subsidy standard for the 3 years preceding the requisition of cultivated land average annual output value of 4 to 6 times. But per hectare of land requisitioned resettlement fee shall not exceed 3 years prior to the requisition of 15 times the average annual output value. As for subsidies for young crops and other ground attachments compensation standards, according to the provinces, autonomous regions and municipalities directly under the regulations?
Second, the current compensation system for land expropriation Problems
1. "Public interests" lack of clear legal definition
As the previous analysis, the state in the public interest, according to law on expropriation or requisition land for compensation. But current law and regulations did not "public interest" to make it clear that Hayek pointed out that social whom organized "social objectives" or "common purpose" is usually expressed as a vague "public interest", "all the benefits" or "all interests." numerous construction projects in practice, "public interest" is difficult to grasp the scale of need, the Government Driven by huge economic interests, easily cover the name of public interest, the commercial sites in the scope of land acquisition, expropriation of land to the detriment of the collective economic organizations and their legal rights and interests of members.

2. Land acquisition compensation standard is too low, too narrow
(1) Land compensation standard is too low. Low-cost land, easily result in random acts of state organs, land acquisition, a relatively serious violations of human rights? Not scientific and reasonable compensation standard, a single compensation, resettlement responsibilities are not clear, and even the landless peasants complete loss of survival depend on the existing land requisition compensation standards to ensure that the land of farmers is difficult to maintain the current standard of living, more ignoring the farmers on land owned by the land development rights.

(2) low charge, high transfer, compensation to farmers is difficult. China Land Management Law clearly provides for land acquisition compensation standards, such compensation on the basis of the original, although somewhat improved, but there are still insufficient . In practice, some county and township governments are also involved in the distribution of income in compensation, leading to the collective economic organizations and individual farmers receive compensation reduced. Meanwhile, the land compensation fees and resettlement fees for the use and management lacked the necessary restraint and supervision, the farmers are not properly placed in the situation have occurred.

Links to Research Papers Download http://www.hi138.com 3. The lack of land acquisition procedures, transparency is not high, the farmers indifferent
Scientific and rational land acquisition program can be pre-set the executive authority, provided the basis for their decisions and steps to avoid arbitrariness and abuse of executive authority to ensure the smooth progress of land acquisition. But in China, the land acquisition procedure of the overly simple lack of necessary monitoring mechanisms, likely to result in the proliferation of executive power. and because the land acquisition cost is low, a lot of idle land after expropriation, resulting in substantial waste of land resources, severe loss of rural land. expropriation of land in the whole process of land expropriation disadvantage in a passive, such as the determination of the compensation package was approved and implemented by the government, the collection of procedural fairness can not be guaranteed. farmers tend to adopt a collective petition to seek relief and even more extreme solution, a social instability.

Third, improve the land acquisition compensation system the main ideas
1. Democratic decision-making. Clearly define "public interest", "public interest" must pass "public process" to seek. Therefore, we must clear the following two points: First, the strict exclusion of commercial land, when land and commercial When linked to the means of land acquisition can not be achieved; Second, should strictly control the scope of land acquisition, to minimize the collective land, only the rational planning, strict examination, and can effectively protect the farmers of rural collective land ownership and land use rights. land acquisition process, the focus in the land expropriated in the process, set the scientific and reasonable relief measures to ensure that in the event of a dispute, can the land expropriated by a variety of ways to protect their own interests relief.

2. Science of legislation. In terms of legislation to improve the relevant system, including the land acquisition laws and regulations. Land acquisition compensation standards set continuous improvement along with economic development, basically due to land acquisition to ensure that farmers do not reduce the standard of living? Fine compensation of the project, expanding the scope of reality from China, with foreign experience, and expand the scope of compensation for expropriation, would divide the residual damage, normal business and other types of damage due to land acquisition and other necessary expenses incurred can be determined, quantifiable compensation for loss of property included in the scope of expropriation to ensure the legitimate rights and interests. learn from foreign legislative regulations, combined with our existing management system to improve the legal form of compensation for land expropriation procedures.

3. Balanced city planning. In urban planning, in the maintenance and supervision according to law and protect the administrative body of citizens, legal persons, between the legitimate interests of other organizations to seek a balance - through public participation, through the various stakeholders The game, to achieve the dynamic balance of rights and obligations, civil rights and public interest balance. both to prevent the abuse of civil rights, but also to prevent the abuse of executive power.


References:
[1] Guo Jie. Legal Problems of land acquisition compensation. Contemporary Law, 2002.

[2] [U.S.] Louis Henkin • waiting, Zheng Ge, such as translation. Constitutionalism and rights. Life • knowledge • Reading Joint Publishing Company, 1996.157.

[3] <<PRC Land Management Law "> 47.

[4] A Choice. Collective land reuse problems and their countermeasures. Jiangxi University of Finance staff, 2006,19 (3).

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