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Discussion on China's land requisition problems and Countermeasures

Author: LiuChangHong SangShengJin From: www.yourpaper.net Posted: 2010-06-28 17:20:19 Read:
Keywords: the land requisition compensation of
Abstract: mainly probes into legal problems of there on China's current land expropriation system, aiming at the problems one by one to put forward the legislative suggestion, and find solutions to the problems.
The current land expropriation system is formed in the highly centralized planned economy system, an active role in ensuring national construction.With the development of socialist market economy, the defect of this system becomes more and more serious, the main problems to be solved are as follows:
, the relevant law "public interest" the lack of a clear definition of
China's "constitution" stipulates: "the state in the public interest needs, requisition land for its use in accordance with the law.""Land management law" stipulates: "the state to the needs of the public interest, can according to the requisition land owned by collectives', these Provisions have emphasized the expropriation of the premise must be to" need "the public interest, but the existing laws, regulations and there is no clear definition of what the land used for construction projects to the" public interest needs ", which projects land is not needed for" public interest".In fact, for the implementation of city planning in batches of expropriation of land, by which specific construction projects to use is of great randomness, who tend to be used by the application, the people's Government of the city, the county in accordance with the provisions of the sale or transfer to who use.The "public interest" is difficult to grasp the scale.
two, land requisition compensation
China's "land management law" clearly stipulates that the land expropriation compensation standard, the standard of compensation is improved in the original basis, but there are still some problems.It is difficult to correctly reflect the location difference of plots and the different levels of economic development and so on, therefore it is difficult to maintain their current standard of living of farmers.Result: the government land acquisition farmers with low-cost access to land ownership, land use right transfer behavior of high prices, is also difficult to accept for farmers.
three, the land requisition right
In our country, constitution provides for the needs of the public interest in land acquisition, but the "land management law" stipulates that any unit or individual to use the land to the use of state-owned land.That does not belong to the collective economic organizations of the land units or individuals need to use the land, must request the government to use the land, the land needs to meet.Since the implementation of the land system in China, local governments at all levels to increase revenue, to exercise the expropriation rights always enjoy it.In some places, often through the establishment of development zones, science and technology park to provide preferential policies to the investment unit, and the land use fee is often regarded as one of the favorable conditions.Although the current "land management law" provisions of expropriation by the State Council for examination and approval authority and the provincial people's government to exercise, but the local government still has certain power, and supervision mechanism is not perfect, then in the declaration appears some resort to deceit behavior process.
four, land income distribution and management issues
In the process of land requisition, land revenue for land ownership and right to use the income, so this part of income distribution should be between the loss of land ownership and right to use the property subject, that is a reasonable allocation between collective economic organizations and individual farmers.However, in practice, distribution of some county, township government also participate in compensation, resulting in compensation income of collective economic organizations and individual farmers get reduced, according to the relevant departments of statistics show that, the local government accounts for most of the compensation, and farmers as the direct users and operators of collective land, often at a disadvantage in compensation in the hands of the land expropriation compensation, collective economic organizations in the hands of the also tend to be the minority village cadres misappropriate.
The existence of these problems, should cause the attention of the relevant departments, improve the land requisition system as soon as possible, to make it more in line with the requirements of the market economy.
(a) strictly limiting the range of public land using, land expropriation, only exercise for the public interest
China's "constitution" and "land management law" clearly states: "the country needs" in the public interest, the requisition of rural collective land.According to the reality of our country, we think, "public interest" should be strictly limited in the following categories: military land; the state organs and public welfare research unit land: the energy, transportation land.If the coal mine, road, etc.: with the public facilities, such as water, electricity, gas and other pipeline, station; with the national key projects, such as the Three Gorges project, grain reserves; the reasonable definition of "public interests" premise, to ensure that the land expropriation, only for the public interests the exercise.Other non-public-good land, mainly rely on the city land invigorated the stock market and the opening up of rural nonagricultural construction land market to solve.
(two) based on agricultural land market price as the fundamental basis to determine the land requisition fee
The current "land management law" despite the increased value of the land compensation according to the times, unreasonable situation but it is far from clear low-cost land acquisition.The annual output of arable land, because can not reflect the position of regional economic development level, per capita cultivated area of economic factors affecting the price of land, can not reflect the real value of the same land production at different levels of investment, at present most of the world economy developed countries or regions will land market price as compensation basis.In the planned economy era, no land price, land acquisition compensation in accordance with the annual output of the.But under the condition of market economy, to do so is not conducive to the protection of the rural collective economic organizations and villagers interests.In order to protect the interests of farmers, improve the building of China's land market, land expropriation compensation must be based on the market price of the land as the basis, the implementation of fair compensation.
(three) the rational allocation of land requisition compensation benefits, clearly defined property rights is the key to realize the rational allocation of land compensation fee
The law of our country stipulates clearly the rural land belongs to collective ownership, collective farmers enjoy the right to land contractual management.These rights can be through land registration, and issue the corresponding certificate of land rights, which has been recognized and effective protection in the law.The subject of collective land rights should be clearly stipulated the rights and obligations in the right certificate, through the investigation or cadastral survey found the basic situation of the rights of the land boundary, subject area, location, four, land use status, exercise the rights to the corresponding specific objects, thus preventing the imaginary rights, so as not to be others infringement, and really enjoy the ownership of land or the right to use.Because of the special situation of our country, the collective land is the production of data protection for farmers.Land expropriation is a permanent transfer of ownership of collective land and the right to use, right of farmers will never lose the land, reliable sources and safeguard life without.So consider this particularity in land compensation, the compensation benefit more peasants, and guide them to the rational use of this part of income, for reemployment and improve and raise the standard of living.In short, the land compensation gain must be the allocation and use of reasonable, truly reflect the interests of farmers.Only in this way, can truly reflect the property rights, economic benefits.
In addition, China's land expropriation system, other related measures to catch up, so that they can successfully pass.One is establishing the city land reserve system, can realize the government monopoly of city land one class market, public city land can be solved through expropriation, other non - public land mainly through land reserve agencies to "recovery, acquisition, replacement, finishing" mode of acquisition of land in the city land market to solve.Two is to narrow the scope of land requisition, the price according to land compensation, the normal operation of the market to provide basic premise.Three is to accelerate our country's farmland grading and evaluation steps, in order to promote the rapid development of agricultural land market and gradually mature, make contribution for the reform of China's land expropriation system.Four is the issue of land expropriation law as soon as possible, to establish the legal mechanism and economic mechanism of land expropriation system as soon as possible.
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