公平补偿的立法选择——农地补偿市价标准质疑

Fair Compensation and Its Legislation Choice: Discussion on the Standard of Market-based Land Compensation

研究目的:为《土地管理法》及其配套法规关于农地征地补偿标准的修改与完善提出建议。研究方法:文献研究法、比较研究法。研究结果:在现有国情下,农地征收"市价补偿标准"不仅无法满足"公平补偿原则"的要求,而且会带来一系列新的社会问题。中国政府历来承诺"保障被征地农民生活水平不降低",在土地征收补偿制度的重构中,路径依赖不可避免。研究结论:"公平补偿"是利益衡量的结果,应由系列组合配套制度来具体落实;不仅需要从实体性上明确,还需要有程序性的保障;不仅需要普遍利益的平衡标准,还需要对个别利益的特别保护措施。

The purpose of this paper is to propose recommendation for the revision of land administration law and its supplemented regulations on the compensation standard of farmland acquisition. Methods employed are documentation analysis and comparative study. The results indicate that the so-called ＂market-based standard of farmland acquisition compensation＂ not only is far from fair compensation principle, but also easily lead to some new social problems in the current social and economic situation of China. The Chinese government has always pledged to ensure no deterioration of famers＇ lives after their land was acquired. Therefore, the path dependence is inevitable in reconstructing the compensation system of land acquisition. It is concluded that fair compensation is the result of interests balancing. It shall be carried out by a series of combined systems. The compensation is not only required to be substantial, but also should rely on faired and formalized procedures. It should not only reflect common interests, but also can support the interests of individuals regarding specific purpose.