Linear Land Acquisition And Compensation Issues

With the rapid development of domestic economic construction, land, as the carrier of the large-scale public welfare infrastructure construction, is becoming more important. Land acquisition has been becoming an important part of construction projects can not be ignored, the problems caused by the land acquisition process has gradually evolved into social contradictions, attracted widespread attention. Since the reform and opening up the progress of the domestic market continues to deepen, but because of the dual system of land ownership, the land market is monopolized by the government the right to right, agricultural land can not enter the market transactions, the market mechanism can not play its due role. With the loss of place, especially in the legal consciousness of the landless farmers and the continuous improvement of human rights awareness, land acquisition and contradictions have deepened the conflict arising from the number of Cheng rise driven by a serious impact on the building of a harmonious society. So many scholars to offer advice and suggestions put forward valuable proposals for land acquisition in the government and loss of local conflicts to resolve. Such research is more departure from the land requisition system, property rights theory, social conflict theory, theoretical analysis, suggest improvements on the land acquisition and compensation standards and forms of compensation. After several years of reality check, really solved a lot of land acquisition and contradictions, to ease the intensification of social contradictions. Intrinsic contradiction with the project launched in recent years, highway, railway line started in the linear engineering gradually coming into view, due to the special shape of such works and land acquisition mode, the compensation and resettlement in the past experience in such works, land acquisition and fade drawbacks of different types of people slowly realized that the land acquisition, the problems encountered in the compensation and resettlement are different, the solution is not "a pole in the end.This paper studies the problem is the land compensation and resettlement of the linear engineering problems and the mechanism behind the problem. The object of study is a linear project land compensation and resettlement work. The purpose of this study is to distinguish between linear project land acquisition and surface engineering in the general area land acquisition, from the perspective of the compensation and resettlement to reduce land conflicts. The significance of the study is to provide a reference for government compensation and resettlement in the land acquisition of such works factors, linear project planning with regard to which the new considerations, to make some contribution to the promotion of social harmony. The preliminary draw a linear land acquisition and general surface land acquisition there are some differences, these differences lead to some of the issues of land compensation and resettlement work. Universally applicable way to solve the general surface land requisition compensation and resettlement, such as raising the standard of compensation, to change the form of compensation, can not effectively resolve the issue of land compensation and resettlement of linear engineering. To complete linear engineering land requisition compensation and resettlement, have re-analysis of the government, the loss of local as well as the interests of the relationship between local specificity of linear engineering analysis of the problems that exist in the land compensation and resettlement as well as behind the the reason for the targeted solution.After analysis, we find that the linear project land acquisition mode is different from the "front-end" model in the face in the land acquisition process, but its unique "sign side edge", the main reason for this phenomenon is China’s planned economy The system still remains. It is due to changes in linear project land acquisition program, leading to the only important factor, in addition to the compensation standards are not up the level of compensation in the form of compensation, additional compensation conditions are important factors to affect the level of compensation. Among them, the standard of compensation is not the only reason caused by the line type project land compensation and resettlement issues, simply by raising the standard of compensation can not completely solve the contradiction of the linear land compensation and resettlement. Game theory to analyze the motivations of various stakeholders can come to the issue of compensation and resettlement focus has been quietly transferred the problem’s behavior strategy also changed, so the solution to the problem should focus on targeted.In addition, we also found that the online works in the land acquisition process, the farmers identity of the landless farmers did not change the placement of the pressure of re-employment unlike the peri-urban general land acquisition as prominent. In addition, the landless peasants linear works, especially the public welfare acceptance of the road is relatively high, the saying goes "to get rich first build roads". Landless peasants for the compensation standard objection and do not imagine so much.Recommendations to resolve the land compensation and resettlement of linear engineering problem include the following ideas:(1) to form a relatively independent, with a strong credible institutions led resolve the contradictions, and further improve the relevant laws and regulations to resolve such conflicts, support, to avoid contradictions encountered no legal basis for random follow. Both through the market mechanism, but also rely on government action, reasonable and effective to resolve the land acquisition contradiction. (2) from the planning, decision-making, the implementation of the whole process to build a linear project of land acquisition for scientific decision-making system, from the decision-making source control problems and contradictions. Strengthen the preliminary studies, reducing the risk of the decision-making. Focus on the "off’: good decision-making in engineering decision-making process, to do the feasibility study of the deep and meticulous planning and design, risk assessment, cost-benefit analysis, etc., carefully compared the screening building programs, in a rational and most excellent decision-making to reduce risk to a minimum. (3) to coordinate the balanced construction of key projects in the government, the project side, takeover of the interests of the masses of the tripartite focus on effective protection of resettlement to the masses’ interests and long-term interests, to eradicate the root causes of problems and contradictions in the breeding grounds. For the distribution of land compensation disputes, the local people’s courts should expand the scope of accepting cases, simplify filing procedures, increase trial efforts to guide the judicial jurisdiction, maintaining the autonomy of villagers, pacts, and earnestly safeguard the process of distribution of land compensation fair and equitable. (4) should attach great importance to the land acquisition and petition work, adhere to the leadership reception system, adhere to before problems occur, the center of gravity. Organized special forces to carefully sort out the factors of instability in the land acquisition, including historical issues of land acquisition projects, ongoing and land acquisition projects to be carried out.The first is the introduction introduces the research background of the article, research goals and ideas and methods. Chapter II for land compensation and resettlement issues to define and distinguish between, and research theory. Chapter III of foreign experience and the domestic status quo. The fourth chapter of the problems for the analysis of linear land compensation and resettlement work. Chapter case studies, through the land compensation and resettlement G107 Zhengxin road projects, post-analysis study, sum up experience and draw conclusions. Chapter VI of the suggestions and recommendations for improvement, from the Principles and Guidelines on the appropriate policy level.