Research On Market Value Standard Of Compensation For Collective Land Expropriation

From a historical point of view,although the compensation standard for collective land expropriation has undergone many changes with the reform of the land system and the development of society and economy,it has basically followed the compensation standard based on the annual output value of the land.And local governments have led the development of specific standards,which has led to the disadvantages of low compensation standards,excessive decentralization of power,and excessive differences in actual operations.In 2019,the newly revised Land Management Law deleted the annual output value method on the compensation standard and replaced it with comprehensive land price method,and adds compensation for villagers' homes and social security fees.In fact,it is a summary and confirmation of the practical experience.It is still not very optimistic to solve the above drawbacks.In contrast,the fair compensation of administrative expropriation is generally equivalent to the market value standard in a market economy country.Theoretically,market value standard has great advantages in protecting equal rights,controlling administrative power,and improving public interest.It is an inevitable choice for the fair compensation of collective land expropriation.Expropriation compensation based on market value has been widely recognized internationally and accumulated rich experience,such as the time ofcalculation,land use methods,calculation methods,compensation methods.We can learn from these experiences.Although the compensation standard for collective land expropriation has not yet adopted market value standards,it can still find the existing feasibility basis from the theory and practice,including the promotion of marketization of policy documents,the market elements in the comprehensive land price method,the marketization of collective construction land,the demonstration effect of compensation for house expropriation on state-owned land,and the abolition of restrictive provisions for compensation amount.Objectively,these can be regarded as preliminary exploration of the collective land expropriation compensation on market value standards.At present,the core obstacle to the realization of market value standards for collective land expropriation compensation is that the particularity of China's collective land system.This system makes it difficult to determine the market value of the land.Under the background that land is not allowed to be bought and sold,there is no market for land ownership,and it is difficult to directly determine the market value of land ownership.But collective land ownership can break down into various land property rights,there is no lack of market-based valuation methods for these property rights.Therefore,by reorganizing the relationship between the expropriation objects and the compensation items in the collective land expropriation,we can regard the various land property rights which collective land ownership break down into as compensation items and value these property rights.And then we can construct the realization of the market value standard for the compensation of collective land expropriation in China.