中美农地征收补偿制度比较研究

Comparative Research on Compensation for Land Expropriation in China and United States

我国现行的农地征收补偿制度因其固有的缺陷,不仅导致了土地资源配置的低效率,而且严重损害了失地农民的利益。基于对中美两国农地征收的补偿原则、补偿范围、补偿方式和补偿对象的比较,我们发现,有必要结合我国的国情,借鉴美国的农地征收补偿经验,通过采用公正补偿原则、拓宽补偿范围、实行多元化的补偿标准、完善补偿形式、改革集体土地所有制,渐进地构建具有中国特色的农地征收补偿制度。

The inherent defects of China＇s prevailing compensation system for expropriation of farmland not on ly lead to low efficiency in the allocation of land resources, but also to the detriment of those peasants whose land is taken by the government. Based on a comparison of he principles, scopes, forms, standards and objects of the cur rent compensation system between China and United States, we find that it is necessary to learn from the U. S. while taking into our consideration China＇s own conditions by providing fair compensation, expanding the scope of compensation, upgrading the standards of compensation gradually, improving all forms of compensation and refor ming the collective land system in order to gradually establish a compensation system of farmland taking that is based on justice and economic efficiency