| In the land expropriation compensation projects stipulated in the Land Administration Law of the People’s Republic of China(hereinafter referred to as the “Land Management Law”),the rural land contractual management right has not been regarded as a separate land expropriation compensation project,nor has the land contractual management right holder been included in the scope of the subject of the expropriation relationship.It is only a member of the collective members who participates in the distribution of land compensation,but fails to obtain compensation for the right itself,making the existing land compensation difficult to make up for the loss of the land contracted farmers ’rights and interests,resulting in conflicts between the two parties difficult to reconcile.This article cuts in from the compensation status of land contracting management rights,and analyzes the theoretical basis for obtaining independent compensation as a Usufruct.In general,with expropriation first,followed by compensation,most of the existing theories start from the perspective of expropriation object to demonstrate the necessity of compensation.In short,compensation can only be obtained as the object of expropriation.All along,scholars tend to deny the independent compensation status of land contractual management rights from the perspective of rights expropriation.Because the expropriation is originally acquired,the other property rights are not the object of expropriation,it also cannot be the object of compensation.Under the implementation of "uniform expropriation,one-off compensation",the land contract management rights of individual farmers has always been absorbed by the collective land ownership,which value as an independent property right has not been fully compensated.However,the above point of view actually confuses the object of expropriation and compensation.The expressions of land expropriation objects stipulated in Chinese laws are collective land,not land ownership.The object of expropriation is the object of rights,not rights.The expropriation of land as an object of rights leads to the extinction of the original rights on the land,including other property rights such as ownership and usufruct.Therefore,the extinguished rights need to be compensated,that is to say,the object of expropriation is collective land.There is no theoretical obstacles for the contract management rights to obtain independent compensation in the collective land expropriation.What this article focuses on is the difference in the path of contracting management right holders to participate in compensation and the compensation results that can be finally obtained,whether it can be independently compensated will directly affect the distribution path of the compensation payment.When the contractor can only claim contract interests from the land contractor and participate in the secondary distribution as the interested party.Obviously,it’s entity and procedural interests cannot be effectively protected.Therefore,based on the protection of farmers ’interests,land contracting management rights should be given an independent compensation status,which will strengthen contractor’s rights compensation and corresponding procedural rights.In the meanwhile,we should explore the reasonable attribution of compensation fees after the circulation of land management rights,and the improvement of existing compensation procedures. |
