土地征收对承包权的影响与补偿研究

Influences and Compensation Mechanisms of Farmers' Contract Rights in the Progress of Land Requisition

承包权是农民依法享有的承包集体土地的资格,是农民享有的一项民事权利。土地征收并不必然导致失地农民丧失集体成员身份,因此失地农民仍享有下轮集体发包土地时承包土地的资格。现行征地制度没有明确失地农民下轮参与承包集体土地的资格,也没有规定征地导致失地农民丧失承包权情况下的补偿措施,这不利于失地农民土地权利的维护,也不利于农村社会的和谐与稳定。本文通过建立土地征收面积(L/)与下轮集体成员人均承包地面积(S)之间的关系模型(L/-S关系函数),分析不同征地规模对失地农民承包权的影响。研究结果表明:土地征收对失地农民承包权的影响与征地面积以及集体原耕地数量存在着密切关系,只有征地面积超过一定限度或者集体耕地压力指数本来就大于1时,失地农民丧失下轮承包集体土地的权利,否则,失地农民并不丧失承包土地的资格。根据研究结论,本文建议征地造成失地农民承包权丧失时,应对失地农民的承包权进行补偿,并将承包权与失地农民的年龄、法定承包年限等联系起来,利用年产值倍数法建立起了承包权的补偿模型.

As the qualification for land contracting that farmers enjoy,contract rights are one of civil rights.Land requisition would not necessarily lead to the deprivation of the status as the member of the collective for farmers whose land is contracted out.They are still eligible to contracting for land in the next round land contract award.Not only hasn＇t the current land requisition system been made clear whether the farmers who lose land can be eligible to contract for land,but also it has not specified compensation measures for the farmers immediately after their land is expropriated.Thus,it would be detrimental to protection of these farmers＇ land contract rights as well as the harmoniousness and stability in rural areas.By establishing a model depicting the relationship（L/-S function） between the land requisition areas（L/） and land quantity（S） that members of the collective can obtain in the next round land contract award,the authors made an attempt to investigate the effects of different areas of land requisition on farmers＇ land contract rights.Some conclusions are drawn as follows.There is a strict relationship between the influence of land requisition on land-losing farmers and land requisition areas,and the existing land areas of the collective.Only if under the condition that the land requisition area exceeds a certain limit or the collective farmland pressure index is greater than 1,the farmers will lose their farmland contract qualification in the next round,and vice versa.On the basis of this,we suggest that land-losing farmers should be compensated for the contract right when losing it due to land requisition.In addition,it is stated that the contract right should be connected with the age and legal land contract age limit of land-losing farmers.Finally,the model for calculating contract right compensation was established on the basis of unified annual production criteria.Some issues associated with contract right compensation of landless farmers were discussed.Future research should focus on empirical research through field work in which first-hand data can be collected.Some countermeasures and suggestions to improve the current land requisition system in terms of the comparison of the current compensation and the conclusions drawn from this work were given.We suggest that enabling the land-losing farmers to share benefits from land appreciation as much as they can center on policy-making in the future.