土地承包经营权退出补偿的实施困境及法治进路OA

During the critical period when the second round of contracting of agricultural land expires and is extended for another 30 years,it is of great significance and urgency to base on the legal policy text and pilot practice to clarify the normative mechanism and implementation path of the compensation for withdrawal from the right of land contracting,and to accelerate the construction of the rule of law operation system that improves the compensation for the withdrawal from the right of land contracting.There is a historical,normative and practical basis for providing reasonable compensation to farmers for withdrawing from the right to contract land management.However,the pilot practice showed that the compensation for the withdrawal of land contract management right still lacks a complete guarantee of the rule of law,and the main body,the way and the standard of the compensation urgently need to be standardized and clarified.The withdrawal of land contract management rights is different from the transfer of land management rights,and even more different from land expropriation,which has a unique legal status and carries a unique historical mission.Therefore,it is not possible to construct a compensation mechanism for the withdrawal of land contracted management rights by simply referring to the operational logic of land management right transfer transactions or land expropriation compensation.In order to promote the improvement of the rule of law and the implementation of the system for the compensated withdrawal of land-contracted management rights,it is necessary to adhere to the concept of coordinated public-private governance,and to focus on the establishment of a coordinated mechanism for compensating the interests of a plurality of main bodies,the construction of flexible and diverse modes of monetary compensation,and the establishment of a procedure for establishing compensation standards that is guided by the government and self-governed by villagers.