Research On The Fair And Reasonable Compensation System For Collective Land Collection

In the practice of land expropriation,compensation remains the most concerned part for expropriate,the focus of dispute over the interests of government,collectively-owned economies and farmer,as well as the point accounting for most expropriation disputes.In December 2018,the “Land Management Law Amendment”(draft)(hereinafter referred to as the “Draft”)reviewed by the Standing Committee of the National People's Congress clearly stated that "fair and reasonable compensation" should be implemented for collective land acquisition.Fairness and reasonableness are uncertain legal concepts,how to be embodied in a specific system is an urgent problem that China's collective land acquisition system needs to solve in the new era.On the basis of researching on present laws and regulations,there are still shortages in the process of compensation,including the scope,standards,methods and other aspects of compensation.In 2015,the central government officially launched the pilot project for the reform of rural land acquisition and collectively-operated construction land and the reform of the housing estate system(hereinafter referred to as the “Three Land” reform pilot).In the process of exploring the fair and reasonable compensation system,the pilot area has formed some valuable experience that worth being replicated and popularized,but there are still problems.On the basis of reference to the experience of expropriation reform and foreign advanced practices,this article proposes to establish a fair and reasonable compensation system for rural collective land expropriation,which aims to be helpful for the related law revisions in the future.Apart from introduction and conclusion,the author organized this paper with four parts.In the first part the author introduces the general theories on compensation system in accordance with collectively-owned land expropriation and the compensation rules in different law concepts.Being reasonable is a kind of value judgement made according to the mainstream value of the society,so that it can be accepted by the public.Considering state ownership and economic and social development of our country,this paper transforms the“fair and reasonable compensation” of collective-owned land acquisition into three aspects:compensation should consider the balance of public and private benefits;fairness shall be ensured in the process and outcome for every expropriatee;compensation shall be flexible,timely,sufficient and effective.Then,implementing the theory of public burden equality,special sacrifice theory,property right restriction and guarantee theory and social fairness theory as theoretical support for a fair and reasonable compensation system.Finally,the author points out that it is of great significance to clarify the fair and reasonable compensation for improving the expropriation system in reasonable methods for the government,guaranteeing the interests of farmers and promoting social harmony and stability.The second are the analysis of the current legislation of the compensation system of collectively-owned land expropriation and the existence of fair and reasonable defects.The second part summarizes and explains the scope,standard,resettlement method and procedure of collectively-owned land expropriation compensation at the level of central legislation.At the local legislative level,the author explains the differences between the central and local legislation system.At the same time,the author specifically analyzes the phenomenon demonstrating defects,including the imbalance of public and private interests result from gaping compensation,regional and rural unfair compensation caused by unreasonable compensation standard,rigid compensation standard and single standard.And insufficient flexibility of compensation,unreasonable distribution of expropriation membership recognition and improper compensation procedure also account for unfairness in the process of compensation.The third part is a summary of the exploration of whether fair and reasonable compensation system for collective land expropriation has been implemented in pilot areas.In the pilot area,some innovative achievements have been found in exploring the realization form of value-added income distribution on the land,scientific calculation and adjustment of compensation standards,carrying out diversified compensation and resettlement methods for farmers,standardizing land acquisition compensation procedures and improving the mechanism of conflict disputes,which become an example for other regions to implement fair and reasonable compensation.And above experience also provides valuable reference for the revision of the Land Management Law.At the same time,however,it remains unresolved that the exploration of indirect loss compensation,content of social security system and dispute relief approach in pilot areas is insufficient.The fourth part put forward the suggestions of building a fair and reasonable compensation system for collectively-owned land expropriation.Aiming at the defects in the current compensation system,based on the experience of pilot areas and foreign practice,and combined with the latest provisions of the draft,the author puts forward the suggestions in atargeted way: clarify the range of fair and reasonable compensation,set reasonable and feasible compensation standard,implement reasonable and standardized multi-compensation resettlement methods,reasonably identify the membership participating in the compensation distribution,and establish a fair and effective compensation procedure.