Research On The Compensation Standard Of Collective Land Expropriation In China

With the acceleration of urbanization and frequent land expropriation activities,a large number of farmers have lost their livelihood guarantees and the most valuable means of production due to land expropriation.State compensation does not meet the needs of farmers ’production and living.When farmers are extremely dissatisfied with inadequate compensation standards,there have been petitions and even serious incidents of violent conflict,which has led to increasing conflicts between the government and farmers.The root cause of this phenomenon is that China ’s current planned economic nature of land acquisition compensation standards is incompatible with the current market economic system.Both the“annual output value multiples method” and the “regional integrated land price method” rely on government-led pricing,without consideration.The potential value and use value of the land and the value-added income of the land are completely monopolized by the government and developers,which seriously damages the legitimate interests of the landless farmers.At this stage,the shortcomings and defects of China’s collective land expropriation compensation standards have indeed become a key factor restricting the harmonious development of rural and urban areas,and the reform of the land acquisition compensation system is imminent.This article starts with the status quo of implementation,analyzes the limitations of the "annual output value multiple method" and "regional comprehensive land price method",leads to market price standards,further analyzes the legitimacy and necessity of market price standards,and highlights market prices in collective land acquisition compensation The importance of the standards is to solve the problems in China’s collective land acquisition compensation standards through market price standards,so as to achieve a balance between public welfare and private benefits.This article takes the collective land acquisition compensation standard as the research object.Apart from the introduction and the conclusion,the text contains five parts:The first part is the core of the compensation system for collective land acquisition:compensation standards.It mainly introduces the importance of collective land expropriation compensation standards in the land expropriation system,explores the value orientation of land expropriation compensation standards,and highlights the collective land expropriation compensation standards by introducing the status quo of China ’s land expropriation compensation standards in the implementation process is not ideal.System reform is imperative.The second part is the evolution and limitations of the compensation standards for collective land acquisition in China.This part is mainly to sort out the changes in the relevant provisions of China’s collective land acquisition compensation standards,summarizes that there are two types of land acquisition compensation standards in China,namely the annual output value multiple method and the area comprehensive land price method,and then analyze the limitations of these two standards.To provide a direction for the subsequent construction of scientific and reasonable land acquisition compensation standards.The third part is the key factor that affects the compensation standards for collective land acquisition: land value-added income distribution.This part first introduces the sources of land value-added gains and the academic discussion on the issue of "price increase to the public" and "price increase to the private",and then puts forward the view of "both public and private" on the basis of two views,and points out Collective land expropriation compensation standards should consider the distribution of land value-added income,and finally analyze the distribution of land value-added income between the government and the farmers ’collectives.The fourth part is about the reform direction of the compensation standards for collective land acquisition in our country: the "market price" standard.This part mainly analyzes the legitimacy and necessity of market prices,emphasizing the importance of the "market price" standard to the reform of the system of compensation standards for collective land expropriation in China.Then determine the market price through administrative procedures,negotiation procedures,third-party assessment and other means,and finally realize the market price standard by exploring the land acquisition compensation right as a shareholding,referring to the housing compensation standard on state-owned land.The fifth part is to improve the dispute resolution mechanism of China’s collective land acquisition compensation standard.By introducing the current status and causes of the dispute settlement of the current land acquisition compensation standards in China,analyzing the shortcomings of the current land acquisition compensation standard resolution mechanism,and finally building a diversified land compensation compensation dispute by formulating a precautionary relief mechanism and a dispute resolution relief mechanism afterwards the settlement system ensures the lawful rights and interests of the land-expropriated farmers to the greatest extent possible in a timely and effective remedy.