集体经营性建设用地入市与农用地的生态补偿

Transactions in Rural Collective Managemeat of Construction Land and Ecological Compensation

农村集体经营性建设用地同等入市,实质是改革现有的征地制度和土地增值收益模式,有助农民财产性收入的实现,但它的消极影响也显而易见:农用地保护形势更加严峻,城乡利益失衡加剧,粮食安全与生态安全受冲击,传统的农用地保护行政管制手段亟需改进与完善。生态补偿作为一种利益协调机制,通过公平合理配置集体经营性建设用地的增值收益,能更好地贯彻环境公平原则,彰显农地的发展权,保障农民共享改革成果,促进生态环境保护、耕地保护、粮食安全等公共利益的实现。农用地的生态补偿宜采用政府补偿为主,市场补偿为辅的模式,补偿标准宜采用机会丧失成本的计算方法,同时参照其他因素来确定,政府补偿模式下的农用地生态补偿主体分为补偿主体、受偿主体和实施主体,不同模式下的具体内容不同。

Taking rural collective management of construction land into the market is a reform on the existing system of land expropriation and land value added income mode, which will contribute to the realization of farmers＇ property income, however, its negative influence is also obvious. For example, agricultural land protection situation is more severe than before, the imbalance between urban and rural interests is exacerbating, which will have bad impact on food security and ecological security, and the traditional administrative measures of agricultural land protection need to be improved. Ecological compensation, as a kind of interest coordination system, added can implement the principles of environmental justice fluently. Moreover, it can also respect the farmland development right and guarantee farmers to share the results of reform. As a result, it will promote the realization of ecological environmental protection, cultivated land protection, food security and other public interests. The government compensation is most suitable for ecological compensation of agricultural land, and we also can adopt the mode of market compensation. The compensation standard should take the opportunity cost method to calculate the loss, while referring to other factors. Government compensation modes contain the subject, the object and the implementation of ecological compensation and different mode has different content.