集体土地征收中用益物权独立补偿否定论

Argument Against the Independent Compensation for Usufruct Rights in Collective Land Expropriation

《民法典》第三百二十七条并不当然含有对用益物权独立补偿的意思。相反,因用益物权内容具有个别性,价值难以统一量化,故对用益物权独立补偿存在技术障碍。并且,对用益物权作独立补偿还面临体系评价的矛盾,会诱发当事人骗取补偿和双重补偿等问题。与土地私有制国家不同,我国集体土地所有制在事实上限制了用益物权的处分与收益权能,故对用益物权作独立补偿可能会导致用益物权合同当事人间的不公,涉嫌侵害其他集体成员利益,甚至背离集体所有制的改革底线。因此,维护被征地农民权益的目标应在维持用益物权非独立补偿的前提下,通过强化集体经济组织法人的内部治理等改革来逐步实现。

Article 327 of the Civil Code does not implicitly suggest that the right of usufruct should be compensated independently.In fact,there are technical challenges to separately compensating for the right of usufruct due to the complexities in uniformly quantifying the value of usufruct rights,which vary in content.Furthermore,the independent compensation of usufruct rights encounters internal system conflicts,potentially encourages fraudulent claims for compensation,and raises the issue of double compensation.Additionally,unlike countries with private land ownership,our nation operates under a system of collective land ownership,which inherently restricts the disposal and earning capabilities of usufruct rights.Consequently,in our country,independently compensating for the right of usufruct could result in inequities between the parties involved in the usufruct contract,may be seen as infringing upon the interests of other collective members,and could deviate from the principles of collective ownership reform.As such,the policy objective of protecting the legitimate rights and interests of farmers whose land is expropriated should be progressively realized through enhancing the internal governance of rural collective economic organizations as legal entities,on the condition that the right of usufruct is not compensated independently.