Research On The Land Transfernce Compensation Of Reservoir Resettlement Area

Not only do the construction of water conservancy and hydropower engineering inevitably lead to the inundation of farmlands, but also it will bring about the involuntary resettlement for lots of migrant. Since the foundation of People's Republic of China in 1949, the construction of water conservancy and hydropower engineering has brought about as many as 25 million involuntary migrants. Reservoir resettlement has become one of the important factors that influence water conservancy and hydropower engineering, thus, the migrants'resettlement status concerns success or failure of reservoir engineering. The arrangement of Chinese reservoir migration has experienced a changed process from the arrangement migration to development migration, the development migration mainly adopt the policy of "exchanging the land with the other one", in this way, each migrant will get one parcel of land, besides, it shall make the migrants'living level reach or exceed their former one by combining the early stage compensations and subsidies with follow-up support. Collective ownership is the basic structure of Chinese land property right, on the other hand, farmers enjoy the real right of land contracting management right, on the part of land ownership, the illegal land transference or transaction by anyone will be prohibited in the law. In terms of contracting management right, the contracting management right that farmers enjoyed will be protected by the law as well. During land contract period, the party giving out the contract shouldn't adjust land. After migrants'lands are inundated, whether "resettlement backward to new site" or "migration to some other places", it will touch on the collective's or local residents'land adjustment in resettlement area. The migrants'immigration means that local residents in resettlement area have to share resources which including land, water and some others with migrants, besides, immigration mainly causes farmland decrease and income diminution of local residents'. Given all that, immigration makes negative effect on local residents'welfare. When farmlands are being transferred from local residents to migrants, according to "Kaldor-Hicks" welfare criterion, in order to achieve welfare improvement, the compensation shall be made for the collective and local residents that suffer losses. However, current law and policy have never considered compensation for local residents' losses, more importantly, there is no perfect compensation mechanism as well. The inobservance of influence of migration on politics, economics and culture is a critical failure for resettlement planning. Therefore, the nature of land transference compensation in resettlement should be well defined under the condition that it is not stipulated by the law. On the basis of clear definition of compensation and the analysis of influence of migrants'immigration on collective's and local residents'welfare, this article try to analyze and determine a proper compensation for local residents'farmland transference so as not to reduce local residents'welfare? Under the condition that compensation criterion has been determined, how to establish the compensation mechanism of land transference in reservoir resettlement area? To scientifically define the subject and object of compensation and determine the compensation method,capital source is very important for resettlement. Meanwhile, under the condition that land property right is shared between collective and residents, how to allocate compensation funds between collective and local residents of resettlement area, or among these residents so as to give consideration to efficiency and fairness. In view of the problems mentioned above, this article conducts a systematic study on the land transference compensation of reservoir resettlement area. The main content is divided into seven part as following:Chapterâ… :Preface. In this chapter, topic background, research significance and target of this article are put forward first of all. Based on the summary of domestic and foreign research status, the research thought, method and possible innovation of this article are put forward.Chapterâ…¡:Introduction and comment of current status of land transference compensation in reservoir resettlement. This part mainly analyzes the necessity, characteristics of land transference in resettlement area, besides, the nature of land transference compensation and mechanism of current compensation are researched as well. On the basis of the interview data, resettlement plan and questionnaires for migrants and local residents from Zipingpu Reservoir, Pubugou, Zaoshi and Pankou Hydropower Station as well as Water Transfer Project from South to North(Middle Route), the current criterions on land transference compensation and allocation of compensation fund are elaborated.Chapterâ…¢:To define the nature of land transference compensation of reservoir resettlement area. Through applying theoretical analysis method, the problem of whether the nature of land transference compensation fit Chinese current condition is discussed. Currently, it is generally accepted by Chinese academic circle, government and planning & design research institute that the nature of land transference compensation are fall within land requisition and marketable land transference, in this article, combing current land law, the definition of land property right relation between collective and farmers, the thought mentioned above is refuted. And then, a definition about the boundary of land property right is established, what's more, the definition can be divided into three categories which including "Resettling the migrants in the original economic collective", "Resettling the migrants in the other economic collective, and no new collective are established", "Resettling the migrants in the other economic collective, and the migrant consist of a new collective", according to the characteristic of each category, the nature of land transference compensation is well defined, and the specialty of land transference compensation of resettlement area is analyzed too.Chapterâ…£:The influence of land transference on welfare of different party in resettlement area, the compensation and welfare improvement of land transference. Based on the analysis about the definition of welfare as well as the criterion of social welfare improvement, combing the investigation data, this article researches into the influence of land transference on the migrants, economic collectives, local residents and local governments in each area. By establishing social welfare model at the stage of land requisition in inundation and land transference in resettlement area, and through establishing the internal relation between these two stages, this chapter analyzes the criterion of social welfare improvement in the process of land transference in reservoir resettlement area, in this way, it provides the theoretical premise for the empirical research of compensation determination of land transference in resettlement are.Chapterâ…¤:The compensation determination of land transference in resettlement area and its empirical research. Through comparing the domestic farmland valuation approach with the foreign one, this chapter conducts an empirical research about land transference compensation on the basis of CVM. Furthermore, taking the resettlement area of Pubugou, Zaoshi, Pankou Hydropower Station and Water Transfer Project from South to North (Middle Route) as example, it conducts the empirical research about the total value of land transference compensation in each resettlement area, and then it distinguishes the internal market value from non-market value on the basis of the total value. Finally, it compares the computing result of land compensation in these four resettlement areas with each other, besides, according to the computing result mentioned above, it evaluates the current criterion of land transference compensation.Chapterâ…¥:The mechanism of land transference compensation in reservoir resettlement area. In this chapter, the concept of land transference compensation mechanism in resettlement area and the principle for the mechanism establishment are defined first of all. And then, it scientifically defines the subjective and objective of land transference compensation and summarizes the feasible methods as well as fund source of land transference compensation in resettlement area. Based on these definition mentioned above, it makes a empirical study on the proportion of land transference compensation that collective of resettlement area gets. Based on the theory of efficiency and fairness, it elaborates the benefit allocation among local residents of resettlement area under different land transference approaches by two stages, which are primary allocation and reallocation.Chapterâ…¦:Conclusion and discussion. In this chapter, it mainly summarizes this article, furthermore, some suggestions and policies are put forward in terms of land transference compensation in reservoir resettlement area. And then, it discusses some other problems that need to be researched in the process of land transference. Finally, it gives the prospect about future reservoir resettlement model.