Acquisition of collective land acquisition

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					On the collective land expropriation expropriation

 on the collective land expropriation
 on the collective land expropriation

  land for our socialist public ownership by state and collective farmers two forms of
ownership. As the legal form of land ownership, land ownership there is a
corresponding state of land ownership and collective ownership of land types. Land
acquisition is in between the state and collective ownership of farmers transfer, the
State's need for social and public interests, in accordance with the law and procedures
approved by the approval authority, and collective and individual compensation to
farmers, it will change all the land owned by peasant collectives the state. Land
acquisition is to ensure that national public infrastructure and land required for
construction of public services is an important measure.
  China's "Constitution" in Article 10, the state in need of the public interest, can be
implemented in accordance with the law of the land requisition, and this is a land
requisition of the Constitution.
  1, the significance of collective land acquisition, principles and compensation
  (a) the practical significance of collective land expropriation
, To meet the collective land into the housing market is the inner impulse and external
demand needs.
  in China's modernization process, long-standing gap between urban and rural areas,
between urban and rural areas there is always a rural-urban and urban to rural areas
obtain funds to obtain land issues, the inevitable law of economics, the allocation of
resources to make collective land involved in the city housing market; another Along
with the rapid development of socialist economic construction and social process of
accelerated urbanization, urban demand for land will continue to expand. To meet the
urban demand for land, fill the demand gap, in addition to the high altitude urban
development, suburban and rural areas on the left to the collective land that the only
way to obtain it is to solve the needs of urban land in a fundamental way. For decades,
the land requisition system to improve the land law system to protect the smooth
progress of socialist construction played a significant role.
, Should China's national conditions, the need to protect agricultural land.
  China is a large agricultural country, is also a densely populated, resource-poor
countries arable land, collective land the responsibility of food and clothing over a
billion people, with the rapid population growth and development of economic
construction, people to highlight the struggle between the contradiction, therefore, the
state will "cherish and reasonable use of land and effective protection of cultivated
land" as a basic national policy. Agricultural land into real estate development and
land use, its short-term economic benefit is very much clear, this is a sharp reduction
in arable land in China direct cause of the current one on agricultural land if the land
is not restricted to real estate, left to its bound As China's economic fundamentals
affecting agriculture, increasing instability, leading to confusion in the economic
structure. Land acquisition system is set up to limit any access to collective land
property market. Indeed necessary, to fulfill the stringent approval process of state
organs nationalize only after the paid transfer.
  (b) should follow the principle of collective land expropriation
, Treasure, rational use of land and the principle of effective protection of arable land.
  year by year as population growth, arable land will continue to decrease, it is an
indisputable fact, the land management law: great value, reasonable use of land and
protecting farmland and is China's basic national policy. Governments at all levels
shall take measures, comprehensive planning, strict management, protection and
development of land resources to stop the illegal occupation of land.
, To ensure the principle of land for national construction.
  national construction land acquisition, land unit must be unconditional obedience,
not only because land acquisition is the exercise of political power, and because the
exercise of state power is to safeguard the public interests of society. Public interest is
the supreme interests of the common interests of all people embody the private
exercise of their rights must not violate the public interests and public interests but
also in conflict with private interests have to be restricted to protect the public interest.
Nation-building that is the embodiment of social and public interests, it should
implement the land conservation, protection of land under the prerequisite of state
land for construction.
, Proper placement is the principle of land units and farmers.
  peasant collective land acquisition means the loss of collective land ownership, land
use means that farmers lose interest income, so land should, according to state law,
proper arrangements were land units of production and livelihood of farmers: 1 is a
production unit of land acquired should be proper arrangements for production; the
second is within the scope of the relocatees land to make proper arrangements; third
of cultivated land acquisition should be appropriate compensation; Fourth, the losses
caused by land to the peasants to appropriate subsidies.
, Who is who of collective land acquisition compensation principle.
  collective land requisition land units as construction projects are the direct
beneficiaries of land should pay the relevant compensation according to the statutory
standard fees, to the collective organization of land acquired compensation. In the
specific operation, involving interests of all parties, so it is necessary to take into
account the investment projects and national construction, but also consider landless
farmers living units, and strive to achieve the national interest first, both land units
and are land units and interests of farmers.
  (1) maintain the standard of living of landless farmers in the principles of the
original. Land is the most basic means of production, farmers, peasants expropriated
land has deprived them of their livelihood. Therefore, the land compensation should
be made the standard of living of landless farmers without compromising the principle
to protect the interests of farmers brother not because of land damage.
  (2) of land acquired in accordance with the principle of compensation for the
original use. Land acquisition compensation standards and scope of compensation for
land acquisition can not be changed after the use of change, but the land acquired in
accordance with the original purposes of determining the scope of compensation
standard and compensation. Was originally farmland, according to the standards for
land compensation was originally forest land, according to the standard woodland
compensation, on the ground, the compensation and resettlement of persons is true.
  (c) of collective land acquisition compensation standards
  national construction land acquisition compensation fee of land owned by the rural
collective economic organizations, ground attachments and young crops
compensation fee land owned by the owner of all the attachments and young crops.
Resettlement subsidies for requisition of land must be used for other purposes, shall
not be used for other purposes.
  specific compensation for land acquisition include the following three:
  (1) land compensation. Mainly due to state expropriation of land and the land owner
and user of land for investment and income loss compensation The land compensation
fee for the 3 years preceding the requisition of cultivated land average value of 6 to 10
times. Other land acquisition compensation fee standards, the provinces, autonomous
regions and municipalities of compensation for land requisition reference standard
  (2) relocation compensation fee. Mainly to settlement of land as the main means of
production, and a source of livelihood of people living in the agricultural subsidies
given to use. The resettlement subsidies, in accordance with the resettlement of
agricultural population need to calculate. Each of the agricultural population in need
of rehousing resettlement subsidy standard is: The three years preceding the
requisition of cultivated land average annual output value of four to six times, but
each hectare of land requisitioned resettlement fee shall not exceed the maximum
three-year average prior to the requisition 15 times the annual output value.
Expropriation of other land resettlement fee standard of the provinces, autonomous
regions and municipalities directly under the light of The resettlement subsidy
standard requirements.
  (3) ground attachments and green crops subsidy. Such as housing, wells, trees, and
are unable to harvest the crops grow, etc., autonomous regions and municipalities
directly under the provincial compensation provisions.
  2, the collective land expropriation in China the number of existing problems and
  Present for collective land requisition system is highly centralized planned economy
system formed of, for Bao Zheng Guojiajianshe 起到 an active role. However, with
the socialist market economy, the shortcomings of this system is more important in
the present primarily in the following issues be solved:
, Relevant laws in the "public interest so requires," the lack of clear definition.
  China's "Constitution" states: "States in the public interest, can be implemented in
accordance with the law on land expropriation", "Land Management Law" stipulates:
"The State is in the public interest, according to law on collectively owned land the
implementation of expropriation. " These provisions have emphasized the acquisition
of the premises must be for the "social public interest", that is, only one or some of
the economic organization or individual interests need not be requisitioned collective
land. But current law and regulations do not clearly defined projects which land is to
"public interests", or land for the project is not to define what "public interest so
requires." According to "Land Administration Law Implementing Regulations" on
requisition approval procedure, can be inferred indirectly: in the land use planning
requirements of urban land within the urban planning requirements for the
implementation of the occupation of land and energy, transportation, water, mining,
military facilities construction projects do need to use the land use planning to
determine the scope of urban construction land outside the land, shall belong to the
"public interest" requires the use of land. In fact, for the implementation of urban
planning, after land acquisition in batches, from which specific projects to use with
great arbitrariness, who often apply, the city and county people's governments sell or
transfer in accordance with the provisions of whom use. This is inside the "public
interest so requires," Scale is difficult to grasp this thesis from
[worry documentation] to collect and organize, for the original author! .
, Land acquisition compensation.
  compulsory land acquisition to achieve the Government's way of collective land
ownership. This transfer of ownership is paid in the manner in place. In this process,
the transfer of land rights is not a market behavior, but an administrative act. The need
for nation-building, collective farmers must not hinder the government for any reason.
Collective ownership of farmers at this time showed a non-complete ownership of
their earning power has been weakened. China's "Land Management Law" clearly
provides for the compensation standards for land acquisition, although this
compensation on the basis of the original has increased, but there are still some
shortcomings. It is difficult to correctly reflect the differences in the location block
and around the different levels of economic development, etc., and can hardly meet
the current standard of living of farmers, farmers on the land leading to discontent;
government low-cost access to land ownership, the high cost of land use right transfer
behavior also difficult for farmers to accept.
, Right to the exercise of land acquisition.
  requisition of land from the world view of the exercise of power, mostly in the
public interest. Some economically developed countries, the government is using
more or negotiate with the owners to the form of access to land, a land first bought
mainly secondary acquisition. When it difficult to buy only when the implementation
of land acquisition. In China, the Constitution provides for the public interest,
requisition land, "Land Management Law" stipulates that any unit or individual use of
the land, must use state-owned land. However, not all the land of the collective
economic organization or individual to use land, the government must request the
right to use land to meet their space needs. Since the implementation of the land
compensation system in China since the local governments to increase revenue, the
right to exercise it this way on land. In some areas, often through the establishment of
development zones, science parks and other incentives to investment units, while the
land-use fees are often as one of the conditions of its offer. Although the current
"Land Management Law" stipulates the right of requisition approval of the exercise
by the State Council and provincial governments, but local governments still have
some power, coupled with inadequate oversight mechanisms, the process will be
reported in the land there have been some acts of fraud .
, Income distribution and land management issues.
  process of land acquisition, land ownership and income for the right to use the land
revenue, so this part of the proceeds should the loss of land ownership and use rights
allocation between property rights, namely, the collective economic organizations and
peasants in between individuals reasonable distribution. However, in practice, a
number of county and township government are also involved in the distribution of
compensation benefits, leading to the collective economic organizations and farmers
to reduce individuals to obtain compensation benefits. According to relevant statistics
show that local governments account for most of the compensation gains, while the
farmers directly as a collective land users and operators, often at a disadvantage in
compensation to grasp the collective economic organizations in the hands of land
compensation fees are often the misappropriation of a small number of village cadres.
China's "Land Management Law" provisions of Article 6, owned the land
compensation fees for all rural collective economic organizations, ground attachments
and young crops compensation fee land owned by the owner of all the attachments
and young crops, so farmers land use rights as virtual home. Coupled with very sound
social security system in China, farmers are not included in the list of social security,
so even though the land on the farmers lost their land entirely appropriate placement,
but this way is placed in the context of the planned economy created, with the our
country from a planned economy to a market economy and the process towards a
mature, corporate status and employment system has undergone enormous changes,
competition, those who can afford, the weak, the farmers even get through the
placement of a non-agricultural occupations, but by their difficult to adapt to their
own restrictions on the quality of the needs of enterprises, often the first choice of
laid-off. (*****) My work unit, Hefei, in recent years as the reservoir **, **
Industrial Park and a number of investment projects of land development projects,
such as the village street **,**,**,** (community) of collective land expropriation
wholly or in part, some farmers lost their land, lost, "the ultimate protection," in a
precarious state. According to statistics, as of now all the streets were a total of 11 504
peasants, male 5339, female 6165 people employable but not employed there are 6672
people lost about 58% of the total number of farmers.
  over the problem and the legal system is designed mainly to problems, recommends
that national authorities should adopt legislation measures to improve the land
requisition system, make it more in line with market economy. Specific measures:
, Strictly limited the scope of public land, land acquisition rights for the public interest
can only be exercised.
  China's "Constitution" and "Land Management Law" explicitly states that "the State
to the public interest," and can expropriation of rural collectively owned land. Based
on foreign experience and reality of our country, we believe that the "public interest"
should be strictly limited to the following categories: (1) military sites; (2) the cause
of national government agencies and nonprofit research institutions use; (3) energy,
transport sites, such as coal mines, roads, airports, etc.; (4) land for public facilities
such as water, electricity, gas and other pipelines, station sites; (5) national key project
areas, such as the Three Gorges Project, grain storage, etc.; (6) public service and
welfare business sites, such as schools, hospitals, homes for the elderly, etc.; (7) Water
Resources, Environmental Protection sites, such as reservoirs, shelter, etc.; (8) Other
recognized or land court ruled that the public interest. Reasonable definition of "land
for public interest" under the premise of the right to ensure that land acquisition can
only be exercised in the public interest. Other non-public land, can not rely on
acquisition of agricultural land, but should mainly rely on the stock market and
revitalize the urban land of rural collective construction land opening up the market to
, To agricultural land market prices for determining the fundamental basis for land
acquisition costs.
  current "Land Management Law," despite the increase in land value based on a
multiple of compensation, but it is far from low-cost land to eliminate the
unreasonable situation. The annual production of cultivated land because they can not
reflect the position of regional economic development, per capita arable land area, and
other economic factors affecting land prices can not reflect the same number of land
under different levels of investment yield difference between the real value there,
most of the economically developed world national or regional market price of the
land as a basis for land compensation. In the planned economy, not the price of land,
land compensation according to annual production of not a bad idea. However, the
market economy, continue to do so would not help protect the rural collective
economic organizations and the interests of villagers. In order to effectively protect
the interests of farmers, as well as to the perfection of the land market, land
compensation must be based on market prices of land, a fair compensation. Under the
principle of fair compensation, land acquisition, compensation consists of two parts:
the land market prices and related grant. Market price of land is the land of a number
of specific conditions in the current land use, ownership patterns in the open market,
the indefinite duration of the normal market price. In our rural collective land has
multiple functions, namely, the means of agricultural production and service functions
and the survival of the farmers to protect the social security function and development
functions, the market price of agricultural land ownership to reflect this triple feature.
Related grant is the result of the relocation costs for land acquisition, preliminary
work for the new costs and depreciation of agricultural land has not yet completed
some of the investment, construction land in rural areas (such as the homestead) is
also included compensation for the building.
, Rational allocation of land acquisition compensation benefits, clearly defined
property rights is to achieve a rational allocation of land compensation fee key.
  law clearly stipulated in China is collectively owned rural land, farmers have the
collective right to land contractual management. These rights can be land registration,
land rights and issued the corresponding certificate, which legally effective
recognition and protection. Certificate in the right of collective land rights should be
clearly defined rights and obligations of the main body, through the land use survey or
cadastral surveys to identify the subject of rights of land borders, size, location and
other basic information, so that the exercise of the right to correspond to particular
objects the right to prevent empty, and it is not against the others to really enjoy the
ownership or right to use land. As the special situation in China, the collective land of
the farmers, not only the means of production, or data protection. Land acquisition is
a collective land ownership and use of permanent transfer of land, farmers will always
lose the right to operate a reliable source of loss of life and security. Therefore, land
compensation should be considered in this special, so that compensation gains more
favor landless peasants, and guide them to the rational use of this part of the proceeds
for re-employment and to improve and raise living standards. Rural collective
economic organizations share the proceeds applied to the collective economic
organization of production and construction, such as building water conservancy
construction, purchase of farm machinery to help farmers introduce advanced
agricultural science and technology, updated varieties, improve agricultural yields, but
can also be township enterprises construction, for the peasants to provide more
employment opportunities. In short, the land must be reasonable compensation for
income distribution and use, truly reflect the interests of farmers. The only way to
truly reflect the economic interests of property work.
  In addition, our land requisition system, other measures should also keep up to its
successful passage. First, the establishment of urban land reserve system, you can
realize from this paper [worry documentation] to collect and collate,
thank the original author! Government monopoly of urban land market, urban public
land can be resolved through acquisition of agricultural land, while other non-public
land agencies, mainly through land bank to take urban land market "recovery,
acquisition, replacement, order" obtained by to resolve the land. This is contraction of
non-public land after land requisitioned to find ways to revitalize the urban land that
both the stock market, but also very conducive to the protection of cultivated land.
Second, narrow the scope of land requisition, the implementation of compensation
according to prices on the normal functioning of land markets provide a basic
prerequisite. Non-public projects to address land from the market, which requires the
establishment of collective land property market, particularly to build and open rural
collective construction land use right market. But must comply with land use planning
and land use controls, give full play to the role of market mechanisms to operate.
Third, to speed up our pace of agricultural land valuation in order to promote the rapid
development of agricultural land market and make it matures, to reform our system of
land acquisition to contribute. Fourth, as soon as possible land acquisition should be
legal, as soon as possible the establishment of legal mechanisms and economic
mechanisms to link the land acquisition system. This paper from
[worry documentation] to collect and organize, for the original author! /

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