Compensation standard of comprehensive land price in district
1, the principle of safeguarding the legitimate rights and interests of landless farmers. The land acquisition price should ensure that the original living standard of the landless farmers will not be reduced due to land acquisition, and reflect the needs of long-term livelihood and future development.
2. The principle of the same price in the same place. In the same area, the compensation standard for land acquisition of different parcels is the same, and there will be no difference because of the purpose of land acquisition and land use.
3. The principle of coordination and balance. The land acquisition price shall not be lower than the original local land acquisition compensation standard, and the land acquisition prices of cities and counties within the provincial administrative region shall be connected with each other.
4. The principle of public hearing. According to the Regulations on Hearing of Land and Resources, a hearing shall be organized according to law to solicit opinions and suggestions from relevant departments, rural collective economic organizations, farmers and all sectors of society. Second, how to judge the "public interest" in land acquisition and demolition.
1, legal rationality. Property right is the inviolable basic right of citizens. Only under statutory conditions can basic rights be derogated from and restricted in accordance with the law for the public interest. Therefore, we must adhere to the principle of legality, that is, legal reservation and legal priority. There are three ways to express public interest in the legislation of various countries, that is, the combination of general provisions, enumeration provisions and general enumeration, and its * * * nature must have the connotation of "public or public-related use". In addition, it is necessary and reasonable to consider the public interest in accordance with the principle of proportionality. If the purpose of expropriation can be achieved by other means with lower cost, there is no need to levy expropriation.
2. Public interest. Throughout the legislative and administrative practice of various countries, many countries have a broader understanding of the "publicity" of public interests. All undertakings that meet the needs of national construction and general social interests are considered public, such as national health, education, public facilities, public transportation, public welfare undertakings and cultural relics protection. The benefit scope of public interest is generally the beneficiaries of unspecified majority, and the demand for such interest can often not be met through market selection mechanism, so it needs to be provided in an organized way through unified action. The government is the biggest and organized provider of public interests. It uses public power to requisition land and provide universal public welfare services for the whole society.
3. Fair compensation. Get something for nothing The use of public power to pursue public interests will inevitably pay a price, which will lead to the general sacrifice (damage) or special sacrifice (damage) of civil rights. There must be relief if there is damage, and special relief should be given for special damage, which is in line with the social values of fairness and justice. This is an essence of modern rule of law. This kind of relief is mainly manifested in fair compensation and prior compensation under legal conditions, which embodies the basic requirement of modern rule of law-substantive justice. Compared with fair compensation and appropriate compensation, fair compensation may be more in line with the requirements of market mechanism and closer to the law of private rights communication. Advance compensation embodies the requirements of government integrity and legal stability.
4. Open participation. Taking special administrative measures such as compulsory planning, expropriation and requisition on the grounds of public interest will seriously affect the basic rights of citizens. The whole process of decision-making and implementation must be open and transparent, and the effective exercise of procedural rights and democratic rights such as the right to know, the right to hearing, the right to make statements, the right to defend oneself and the right to participate in decision-making must be guaranteed according to law. If in the process of considering the necessity of land and property expropriation measures, public welfare and fairness of compensation, the interested parties can't express their wishes, negotiate conditions, participate in decision-making and solicit opinions, which is definitely not in line with another basic connotation of modern rule of law-procedural justice and participation in democracy.
5. Limitation of power. Compulsive derogation and restriction of civil rights on the grounds of public interest can easily lead to tension between the government and the people, especially when exercising administrative emergency power in the name of public interest, effective supervision and restriction are necessary, which is the requirement of building a limited government and a government ruled by law. In addition to bringing the exercise of public power on the grounds of public interest into the vision of democratic supervision such as public opinion supervision and social supervision, it is necessary to strengthen the supervision of state power such as judicial review, superior supervision and special supervision. This is the mechanism and judgment standard of "supervising power by power". The practice of administrative litigation at home and abroad proves that it is an effective supervision and restriction mechanism to supervise and judge whether the administrative expropriation measures really meet the requirements of public interests through judicial review.
6. Unity of power and responsibility. Without taking responsibility after exercising public power, any controller of public power will abuse power, so it is necessary to improve the corresponding responsibility mechanism. When a controller of public power impairs or restricts citizens' basic rights on the grounds of public interest, and then judges that the reason of so-called public interest is untenable through the supervision mechanism, he should be strictly investigated, and his responsibilities, including legal responsibility, moral responsibility and social responsibility, can be investigated, so that he can pay the corresponding price. This is the requirement of building a responsible government and a government ruled by law, and it is also the most deterrent, universally applicable and automatically applicable power restriction mechanism and judgment standard. Legal basis: Article 48 of the Land Administration Law of the People's Republic of China should give fair and reasonable compensation to ensure that the original living standard of landless farmers will not be reduced and their long-term livelihood will be guaranteed. Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers. The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years. Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests. The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.