缺陷与完善:我国农村土地征收补偿法律问题研究

Defects and Improvement:Research on Legal Issues of Rural Land Expropriation Compensation of China

现行农村土地征收在我国宪法中并没有确立明确的补偿原则,在现有立法及实际工作中存在补偿标准过低、补偿收益主体不明确、补偿方式单一、安置责任模糊、补偿程序不完善等诸多缺陷。因此,今后的立法和实践应首先在宪法中明确公平、合理的相对补偿原则;提高、拓宽补偿的标准和范围;丰富补偿方式;明确补偿收益主体;完善补偿程序,从而公平合理地解决农村土地征收补偿问题,促进社会和谐发展。

No compensational principles have been provided in the constitution of our country concerning the land expropriation compensation in the rural area of China. In current legislative and judicial practice, there are problems of compensation standard being too low, the compensation-receiving subject not being definite, the compensation method being unitary, settlement liability being confused and compensation procedure being incomplete. Therefore the future legislation ought to establish the principle of reasonable and fair compensation on a constitutional basis, increase and widen the standard and scope of compensation, enrich the compensation methods, make the compensation-receiving subject definite and perfect compensation procedure so as to fairly and reasonably solve the problem of land expropriation compensation and promote the harmonious development of our society.