农民集体土地征收补偿原则探析

The principle of compensation for collective land expropriation of farmers

发达国家土地征收补偿普遍以市场价格为基准,补偿范围和补偿权利人涵盖广泛,实质上是以土地财产权为根基所确立的公正补偿原则。我国农民集体土地征收却以低价征收取代市场价格,补偿范围和补偿权利人也都存在明显疏漏,主要原因在于至今尚未确立农民集体土地所有权,因而在根本上缺失了公正补偿所赖以建立的产权基础,并由此导致农村征地冲突的日益尖锐。应尽早建立法权意义上的农民集体土地财产权,以此为基础将土地财产权与土地征收权这一内在矛盾予以制度化,才能确立现代土地征收制度所要求的公正补偿原则。

Land expropriation in developed countries generally takes market price as compensation standard and the scope of compensation and the compensated rights cover a wide range.Essentially,it is a fair principle of compensation based on land property rights.However,the market price of collective land expropriation is replaced by low-cost collection.There are obvious shortcomings in the scope of compensation and the rights of compensation.The main reason lies in that the ownership of the collective land of farmers has not been established so far,so the property right foundation on which just compensation is based is fundamentally missing,which leads to the increasingly sharp conflict of land acquisition in rural areas.Only by establishing a real sense of collective and property rights of farmers can the basic contradiction between land property rights and land expropriation rights be institutionalized,and the principle of fair compensation required by modern land expropriation system be established.