About On the improvement of land acquisition compensation system

Abstract: land acquisition compensation as a basic land system, prevalent in countries and regions all over the world, China is no exception since the founding of our country, after several legal changes, resulting in today's land expropriation compensation system. With China accelerated pace of urbanization, the collection of rural land into land for new construction, the main way to expand the size of the city at the same time, China's abuse of land for the large number of shocking, directly endangering the country's food security and rational use of land, so there necessary for China's current land acquisition compensation system for comprehensive study in order to improve China's current land acquisition compensation system.

Keywords: compensation for land acquisition compensation system vulnerabilities perfect compensation

First, compensation for vulnerability
Although the land acquisition compensation system since the founding of new China there, and after a number of amendments to the Law, and gradually formed a land acquisition compensation system today, but the whole country's land compensation system is not perfect not only reflected in the legislative level, also reflected in the operating system level.

1, the level of legislation
China's rural land acquisition compensation system requires that scattered the Constitution, the Land Management Law, Implementation Regulations of Land Administration Law, land acquisition notice means, land resources and other Laws and regulations in the way the hearing, in some provinces, autonomous regions and municipalities, has developed a land acquisition compensation provisions, such as Beijing and Shanghai, these provisions neither systematic nor comprehensive. Only a relatively specific rules, not reflected in the legislation on land acquisition and compensation regime.

2, system level
As the lack of government power constraints, there are a lot of irregularities, farmers' rights is seriously compromised. The first is government Law down compensation, farmers obtain low-cost land and then sold to developers at high prices, to obtain profits from the land, followed by the rural collective economic organization in the village committee, village cadres divided exploitation of farmers compensation, so that landless peasants worse, again, is the collection of compensation for farmers' right to a hearing process can not be achieved. hearing mostly by the rural collective economic organizations to participate and, finally, judicial protection is weak, civil justice often charge compensation case is not inadmissible on grounds of civil cases, administrative tribunals to prosecute places a variety of ways to prevent farmers [1]
Second, improve the compensation
In view of the above problems, it is necessary for China's current land acquisition compensation system for comprehensive study in order to improve China's current land acquisition compensation system.

1, the main and compensation rights
Rural land acquisition compensation is subject to the payment of compensation of the principal farmers in land acquisition and compensation system has an important position, but this problem, theorists have been less concerned about the government as compensation for the subject seems beyond doubt. China's land acquisition, there are two cases: one is to use the beneficiary, that in most cases, after the government land acquisition, but also selling land to real land developers who use these land users called "beneficiaries." Another case for government use, such as for construction of military facilities in which case there is no clear beneficiary. to ensure that government neutrality in land acquisition and collection of a fair and reasonable compensation, draw on outside experience, there should be a clear beneficiary of as compensation by the beneficiary under the main beneficiary in the absence of the case by the government as compensation subject. As for the right person in the land compensation for the loss of land, farmers should own, rather than the rural collective economic organizations.

2, compensation standards and scope of
Compensation standard is the most intense debate, because what the standard amount of compensation directly related to the size of the farmers. Charged at the standard can be determined based on Marxist Political economics, "rent the land price is actually the capital of or capital of the rent, that is the price of land = rent / interest rate. "Thus, the determination of land price per acre of land can refer to the average annual profits to farmers and non-bank deposit rates over the same period to determine.

Specific formula is as follows: If they choose the area of ​​cultivated land per mu output value of one year minus the year after the farmers into a profit of RMB X dollars, and land acquisition year fixed deposit interest rate is not Y, then the market value of land per acre Z = X / Y. This Z can be identified as the benchmark land price per acre of land and this price means that individual farmers to sell land acquisition through Z monthly, even if all the money in the bank, its annual interest from the bank to get their land to continue farming profits are identical. This basically ensures the interests of farmers, to ensure that its original standard of living does not decrease.

3, compensation
Regarding compensation, to reform a loud voice, some scholars draw on the southeast coast of the land requisition compensation in government, the collective and individual insurance co-pay approach, the landless farmers into the social security system in the successful experience, that "China should attach importance to farmers social insurance compensation, [2] Some scholars of China's one-time monetary compensation for the shortcomings of the proposed "phased compensation, land use rights shares placement, placement and other forms of leave to compound placement.

The skills of our farmers to make a living from the lower into the city after the status quo of employment difficulties, the compensation can make up for lack of a single monetary compensation, is conducive to living resettlement of landless peasants. In addition to these monetary compensation, but also can increase the following compensation ways: First, replacement land for the relocation, given that a significant number of landless farmers and the quality of the land. The second is to stay in placement, expropriation of land to be part of the farmers to set up enterprises, engaged in business activity or investment. Third, land bond placement, about farmers' land compensation fees levied directly on the land shares to the enterprise in the business. Links to free download http://www.hi138.com
4, the collection of compensation procedures
A fair compensation program is important to ensure reasonable compensation, though Land and Resources issued a <<land acquisition notice means>> and <<Land Resources Hearing approach ", the land compensation procedures were part of the requirements, but the procedural rights of the farmers still can not be guaranteed. In view of this, I believe that the collection of compensation should follow four principles: First, the principle of openness, that is, compensation standards, scope and basic human rights situation and other compensation-related content must be open, notice by the compensation body to fulfill obligations the second is the principle involved in the farmers themselves, that is representative of the farmers themselves to participate in the election or compensation program development process, rather than by the collective economic organizations representing farmers to participate in the third is the principle of prior consultation, that the compensation package first by farmers and compensation of the main consultation, Fourth ultimate principle of justice, if the negotiations fail and ultimately by the judiciary.

Drawing on outside experience, the need to establish several links: the first issue of compensation notice to inform the second compensation body for compensation of the initial program, initially implemented by the compensation of the main market reference price based on land preparation, notify the person the right to compensation, and make announcements. The third hearing, the consultative process. the right to compensation have the right to a hearing the fourth award process and if the hearing can not agree, by the referee ruled the compensation package institutions Fifth payment of compensation. compensation by the compensation body in accordance with an agreement or award compensation program to fulfill the obligation to compensate.

References:
1 Gang Ling land acquisition compensation system study [J], <<Political Forum>>, 2005, No. 3, p. 87.

2. He Minjie <<peasants worthiness Paul - Ningbo farmers whose land is to protect fund the construction>> December 20, 2002 <<Land and Resources reported>> Links to free download http://www.hi138. com