中国人口·资源与环境2016，Vol.26Issue(11)：76-82,7.DOI:10.3969/j.issn.1002-2104.2016.11.010
家庭农场土地征收补偿问题研究
Study on land acquisition compensation of family farms
摘要
Abstract
With the increasing number of family farms and continuous expanding of their operating land area in the future, the range of land acquisition caused by rapid urbanization and the range of farmland operated by family farms inevitably intersect or overlap.Family farmers achieve land moderate scale operation by integrating contracted land obtaining from the collective economic organizations as a member themselves and land acquiring through market transactions with many farmers, therefore, when family farms' land is expropriated, they should receive scientific and reasonable land acquisition compensation, and at the same time, the relationship of income distribution among the family farmers and many related subjects who own different types of land rights should be properly handled.In this paper, the method of literature and theoretical analysis are used.The late influence to family farms is analyzed by distinguishing three cases of land acquisition: dot, line, plane.Under the policy framework of permanent stability of land contractual relations, what kind of land right involved are analyzed in depth in this paper when land acquisition of family farms occurs.Then, building up a theoretical model of land acquisition compensation standard of family farms and income distribution relationship model between family farmers, government, collective economic organizations and peasants.To be more specific, family farmers share the corresponding income from land acquisition compensation according to the proportion of three kinds of land which include land owned by family farmers themselves, land obtained by land transference and land obtained by land quittance, as well as the value of different types of land right.Government acquires income distribution through tax.Collective economic organizations share corresponding proportion of land requisition compensation by virtue of the status of landowners.The land acquisition compensation benefits which should be distributed to peasants is equal to the value of contract management right minus the value of land right which have transferred out to the family farmers.When the land was mortgaged, the financial institutions have priority right to be repaid.Finally, this paper put forwards four corresponding countermeasures and suggestions:①making a good development plan of family farms;②improving land acquisition compensation standards by putting indirect losses included in the compensation range;③building up an income distribution mechanism of family farms' land acquisition compensation;④protecting mortgagee's (financial institutions) priority for repayment of land acquisition compensation.关键词
土地制度/家庭农场/土地征收/补偿标准/收益分配Key words
land system/family farm/land acquisition/compensation standard/income distribution分类
管理科学引用本文复制引用
刘灵辉,郑耀群..家庭农场土地征收补偿问题研究[J].中国人口·资源与环境,2016,26(11):76-82,7.基金项目
国家社会科学基金项目"农地权利市场化配置下家庭农场土地适度规模经营实现机制研究"(批准号:14CGL026) （批准号:14CGL026）
中央高校基本科研业务费项目"农地产权模糊性对征地补偿影响的实证分析与应对策略研究"(批准号:ZYGX2014J108). （批准号:ZYGX2014J108）
