其他方式承包的农村土地经营权征收补偿案例探讨

Case Study on Compensation for the Acquisition of Rural Land Operation Rights Contracted by Other Non-mainstream Modes

研究目的:分析农村土地利用中以其他方式承包农村土地经营权征收补偿问题,探讨如何对土地征收补偿的法律框架进行适当调整。研究方法:案例分析法。研究结果:在确认其他方式承包的土地经营权为物权的基础上,分析了土地征收补偿现有分配方案的缺陷,以天津市郊区某葡萄园被征收为例,探讨了由于土地征收导致承包合同终止后,土地发包方给予承包方适当经济补偿的理论依据和测算方法。研究结论:补偿数额的确定应以可预见的损失为依据。

The purpose of this paper is to properly adjust the legal framework of the compensation for land acquisition in order to solve the contradictions during practical rural land use. Method employed is case analysis. The result includes that the defects of current distribution plan of compensation for land acquisition has been analyzed based on the confirmation as property rights for the land operation rights contracted by other non-mainstream modes. It also includes the theoretical basis and calculation methods of proper economic compensation provided by land owners for the land users in a land contract due to the contract termination caused by land acquisition, which takes an acquisition of a grapery in the suburban area of Tianjin City as an example. It is concluded that the calculation of compensation would be better to depend on foreseeable losses.