Study On Land Compensation Mechanism Of Our Country

In 2008,Third Plenary Session of the CPC, "on rural reform, development of several major issues", pointed out:" reform land system entirely, strict definition of public aim and commercial land, and gradually narrow the scope of State land acquisition, perfect the land compensation mechanism. Land acquisition, in accordance with the timely and sufficient compensation to the rural collective organizations and farmers, to resolve the employment of landless farmers, housing, social security. "Reform the land compensation system, improve the land compensation mechanism is a necessary requirement to Chinese market economic development of this stage.In a sense, land compensation is the core issue of land acquisition, solve the land compensation issue, the current contradictions and problems caused by land will be solved. Therefore, we must speed up land reform, improve the land acquisition compensation mechanism, innovative farmers compensation, further protect the legitimate rights and interests of farmers, is significant to promote rural economy and even the whole national economy. This study from the land acquisition system to start the reform of land compensation mechanism, mainly from the optimal allocation of resources and social welfare maximization.The existing land compensation mechanism is the product of the planned economy period, with the socialist market economic system gradually mature, the drawbacks of this system increasingly exposed, and triggers a series of economic and social problems. The law system lags behind the needs of practice, so that farmers can not legally obtain the land value of the property income and sharing the fruits of economic and social development. The framework of the old system has been unable to adapt to the economic development and the requirements of the farmers on land compensation system.We found that based on several innovative practice of land compensation, it is still in the original system, can not fundamentally solve the root causes of conflict. So we must carry out a thorough reform of the market allocation of resources to play a fundamental role in maintaining fair competition and government from the perspective of harmonious development through economic means and legal means to carry out macro-control on the land market to achieve the optimal allocation of resources and social welfare maximization.Therefore, improve the land compensation mechanism must be radical reform of land acquisition system, from the current compensation of government-led model to a market-oriented transformation of the compensation model. By withdrawing from the non-public welfare of the land area, limit the scope of government land within the public welfare. At the same time, even if the Government's land acquisition for public welfare purposes should the price of land market transactions as a guide to determine the compensation standards. Consultation and coordination mechanism for the introduction of compensation, give full consideration to farmers to realize the harmonious development of economic and social objectives.The non-public land demand will be found through the land market, the government, as the organizers of the land market and the regulators regulate the land market behavior, providing information on land transactions through economic and legal means to safeguard the fairness of the land market, to prevent insider trading, market failure vicious competition, safeguard the interests of farmers and national security.Main conclusions of this paper are the following:First of all, it is clear that the land compensation mechanism's market-oriented reform, should improve the law system to regulate the extent and public welfare and the land market. Therefore, on the basis of revised and improved the existing laws and regulations, also recommends a "the law of collective land acquisition " to perfect the mechanism of the land compensation system to provide better protection.Secondly, the conclusions that the results of the reform of land acquisition system, to break the state monopoly land market, which will help alleviate the process of land shortage, increase the supply of land help reduce the equilibrium price. Therefore, limit the public welfare land acquisition is conducive to reducing the national land compensation standards, thereby reducing the cost of land acquisition. So achieving market-oriented land compensation, the compensation may not necessarily occur to improve the standards, but lower standards of land compensation possible, that the "land value paradox." This phenomenon also help reduce business operating costs and increase property income of farmers, improve efficiency of land use at the lowest cost to achieve rapid urbanization. It is a Pareto improvement to meet the institutional arrangements.Finally, because our economic system's gradualism reform, thus improving land compensation mechanisms need to put a lot of related measures, or the goal of reform land compensation system is difficult to achieve...