我国土地征用补偿标准研究

Study on Current Land Acquisition Compensation Standards in China

以我国现行征地补偿标准为切入点,研究认为我国现行征地补偿标准是以"特别牺牲说"为理论指导,采取"低级"的"不完全补偿"原则。其主要存在的问题:法律规定的"公共利益"范围不明确,法律规定的补偿范围偏窄,与市场经济体制相冲突,现行补偿标准偏低,"产值倍数法"存在一定的不合理性。针对由此引起的失地农民生活困境问题、"土地财政"膨胀现象进行了详细的分析。在此基础上,根据征地目的不同,构建了新的土地征用补偿标准。

In this paper,current land acquisition compensation standards were studied and it was concluded that,current land acquisition compensation in China was one which used＂special expense＂ as the theoretical guide and distributed on the principle of ＂low degree＂ and ＂not entirely compensation＂.It has existing problems as the following： the law of ＂public interests＂ has an unclear range,the law scope of compensation is somewhat narrow and is conflicted with the market economy,the current compensation standard is low,and there is some irrationality in Output Value Multiple Method.In the paper,detailed analysis was conducted for difficulty faced by the land lost farmers and the fact of ＂land finance＂ expansion.Base on the analysis,new land acquisition compensation standards were constructed in the paper according to land acquisition purposes.