Study Of Land Acquisition Compensation Standards

In 2004 ,the fourth constitutional amendment of our country constitution amended the third item of the tenth clause " for the public interest need, the country may expropriate the land by law" to " for the public interest need, the country may expropriate or levy the land by law and gives compensates" . The land levies is the country for the public interest need, legally take back the land and gives compensates, and in our country, it mainly refers to the country to transfer the collective land to the state-owned land and gives compensates for public interest need with the administrative action. The system of the present land levies compensating in our country got with the traditional planned economy system. With the market economy system establishment, each kind of malpractice caused by the planned economy condition is appearing suddenly.The the scope of land levies compensates is narrow, compensates standard excessively low, the placement way to compensate is unitary . The malpractices have become the crux of the land levies and the main root of the land dispute, seriously have affected to obtain the land for public construction simultaneously ,and it is also disadvantageous to society's stability.The compensation standard of the land levies compensation system is the core of the land levies system. It is playing the pivotal role. The compensation standard refers to lose may obtain compensates and the degree may obtain, or how to calculate the amounts of compensates. In majority country land is private ownership, so the land can freely buy and sell. These countries generally use the market -price standard in compensation witch carries on the appraisal by the special organization. Because our country implementation is the public ownership of land , the land can not freely buy and sell. Only the land employment right to be allowed to transfer. The compensation standard of land levies in our country is limited by law .It is calculated by output value times. The compensation standard has not manifested the land the latent income and the use value; It had not considered land producer goods and social security dual function which undertakes to the farmer; It had not considered factors of farm price distortion and price rise . The compensation standard is rather low. It has initiated the massive disputes such as the dispute, appealing for help, and it may create an uproar sometimes. It will inevitably become the new unstable factor, will affect the countryside stable development general situation, will seriously hinder our country countryside reform and the entire modernized advancement. It is necessary to create reasonable compensation standard, which will draft the reform system regarding the impetus, practically safeguard the smoothy development which the farmer benefit and the guarantee drafts works to have the extremely vital significance.This article studies the compensation standard of the land levies. Firstly it begins with the elementary theory of land compensates. Then to introduce the overseas the standard system of land levied compensates with comparative analysis method. By the series investigation and analysis, the article pointed out the the root which the standard question produced. Finally, studying the theory of land levies compensates ,Marx's land rent and the soil-rent value theory, the land market price theory, the means of compensates overseas, and through to "the output value times", the fair market price compensates, the research of public welfare with the non- public welfare area classification, it proposed the main suggestion to perfect compensation standard of the land levies in our country: (1) establishing the principle of levy compensates in our country constitution and the correlation law; (2) following the market principle, and improving the price of compensates; (3) expanding the scope and drafting the standard; (4) classifying land to compensate; (5) setting up science computational method; (6) improving "piece area synthesis price" system.