A Research On The Compensation For Land Acquisition

Land acquisition is a kind of action which is gained the land belongs to other civil main body enforcedly with compensation for the purpose of public by the state in our country; it mainly refers to convert the collective-owned land to state-owned land with economy compensation for the needs of public interests by the state. In many years, since the establishment and implementation of the domestic land acquisition system, it has ensured the demands of national economic and construction development, yet with the progress of the rapid development of economic construction and modernization, it must occupy lots of collective-owned land in villages and make a sharper conflict of land acquisition day by day. The compensation for land acquisition has become the focal point of Three-Agriculture. To fasten the step of land acquisition reformation, perfect land acquisition system, confirm a proper compensation standards have been placed on the agenda. Facing this objective requirements, this thesis surrounds the subject—reformation on the system of land acquisition compensation, embarking on the basic theory research for the system of land acquisition compensation, through compared and analyzed on the land acquisition systems in America, Japan and Hong Kong of China, these countries and regions, we have discovered the basic ideas, thought, methods and successful experiences; Upon the analysis on the formation, development and current situation to the compensation system of land in our country, we have concluded the existing problems and harm; while depend on this, the basic thought, principles and compensative methods for the reformation of domestic land acquisition system. In this thesis, starting with the basic theory of land acquisition compensation, the comparing analysis on the compensation system of land acquisition in foreign countries, Hong Kong and Taiwan, the current situation, weakness and analysis on reasons of standards for domestic land acquisition compensation and improving the compensation system of land acquisition have been expounded and argued.Primarily, in the Civil Law, requisition is a kind of method to gain ownership. It refers to convert the properties that belong to other civil main body with payment enforcedly in the range of territory under the ordinary situation for public purposes by the country. Jurisprudentially, it is called execution of the superior dominion, namely the superior dominator has the right to nationalize the property with agreements of the owner for public purposes. The requisition becomes effective upon noticed and paid for a proper, fair and reasonable compensation to the owner. Land acquisition is a kind of execution of the superior dominion.Land acquisition compensation refers to a legal land acquisition action of administrative main body, which is harmful for the citizen, legal person or legitimate rights of other organizations who has been requisition specially, and a system which is responsible for compensation by the state. Requisition is different with confiscation as the feature of compensation, yet different with purchase as the feature of enforcement. Compensation standards of requisition depend on the adopted land policy and economic developing level in the universe. Usually the developed countries possess stronger economic power, and can give full and complete compensation to land owners. Some countries consider on the point of preventing lands speculate or fair, ordinarily they adopt the principles of similar compensation or incomplete compensation.Secondly, in some developed countries and regions, such as America, Japan and Hong Kong of China, during a long-term development of market economy, there has formed a set of effective and complete system for land acquisition system and compensation standards. Through analyzing and comparison, it can be seen that in these countries and regions focus on fair compensation principle or just compensation principle for the land acquisition and compensation, which is embodied the limitation for land acquisition power and the protection for rights of unit properties by the state, namely make up the loss caused by changes of properties and land acquisition to the person who has been requisition in maximum. While in the original regulations of the domestic constitution, it pays more attention to the exercise of requisition rights by the state, power and obedience. For fair compensation to the loss of the being requisition person, as an important principle, it has not given definite regulations, but emphasizes it is a kind of state action, also an obligation charged by collective economic organization for the country. Therefore, it adopts partial compensation principle, namely the compensation amount to the land is not equal to the rights and interests of the land owners, lays particular stress on state profits and lack of the necessary respect of legal rights and interests to farmers, and causes a different harm to the profits of individual and collectivity unconsciousness.Thirdly, for the domestic compensation system of land acquisition comes into shape in the period of planned economy and so it leads a lower compensation standard. After the reform and the opening to the outside world, although heightened the compensation standards for several times, the decision mechanism singly by administration has not changed, so does the framed structure of compensation, which is not unsuitable to the changing actual situation and basic demands of communist market economic system, and leads some harmful consequences and many problems during the process of implementation. The main damages include: abusing the right of land acquisition; inducing the appearance of black-market trade for the collective land in suburbs of cities and towns; enlarging the income gaps between cities and towns further, and being harm to the construct a relative comfortable society at all-sides.Finally, the stones in other mountains can damage jade. By learning from the experiences of developed countries and regions, perfect the current execute system in our country, it can get twice the result with half the effort. Basing on this idea, in this thesis, according to the basic theory of land acquisition system, it reforms and perfects the compensation system of land acquisition further upon analysis on foreign experiences at all-sides and actual situation in our country, confirms properly the directions, principles, methods and measurements of the compensation standards, and considers that compensation system of land acquisition should follow the market principle of equivalent exchange, with the foundation of market price at the moment of requisition to establish a proper compensation mechanism for land acquisition. The special method is that when compensating the land, calculate the referent market price of requisition, moreover gradually expand and add other compensative cost and items. It pays compensation to the object of land acquisition for direct relative loss, but also for the indirect loss caused by land acquisition, meanwhile considers appropriately to the expectable and foreseeable value in the future for compensative land.