我国农地征收补偿标准研究——基于政府行为的视角

Research on the Compensation Standard of Farmland Expropriation in China——Based on the Perspective of Government Behavior

近年来,中国征地制度不断改革和发展,但由于细微琐碎的变革没有触及到改革本质,因此征地实践中仍存在补偿不公平、程序混乱及矛盾冲突加剧的国家治理危机,而征地补偿较低的问题几乎被所有研究提及。为此,基于政府行为的视角,从效率和公平角度出发,以政府征地用于公益性项目为例,对征地补偿标准进行分析,研究结果显示:当政府行为是以追求最大多数人最大利益为目的时,低于市场价值的征地补偿是既满足效率同时满足公平的征地补偿标准。

Reform and development has been made in China＇s land expropriation in recent years,but the reforms and changes are too small to touch the essence of reform,so there are crises of state governance like unfair compensation,disorder of procedures and strengthening conflicts in the practice of farmland expropriation. Besides,the low compensation standard of farmland expropriation is mentioned by almost all the researches. Therefore,based on the perspective of government behavior,and by taking efficiency and equality into consideration,the compensation standard of farmland expropriation is analyzed by taking farmland expropriation for public welfare project as an example. The result of the study shows that when the government behavior is to pursue the maximum interests of the most of people,the compensation standard should be lower than the market value,which is the compensation standard of land expropriation with efficiency and equality.