Five problems should be paid attention to in the legislation of collective land expropriation

Wen Jiabao, the premier, said in a recent reply to the question of urbanization at the Davos Summer Forum The land problem is fundamentally related to the system, farmers legitimate land can not be guaranteed, the existing fiscal and taxation system to a considerable extent, there is a "land finance" phenomenon, and clearly expressed the need to solve these problems from the system. Therefore, how to solve the problem of collective land expropriation from legislation has become the focus of public opinion. (September 17, "Beijing News") in the rapid urbanization process, a large number of people into the city, urban available land is decreasing, more and more local government land expropriation and demolition are carried out in collective land, and the legislation in this area is relatively weak.　　Therefore, the early introduction of collective land collection legislation on the agenda, is indeed to shun the public, the timing of the move. Of course, collective land expropriation legislation, compensation injustice is the first problem to be solved urgently, but in addition, there are at least five major aspects of the problem can not be ignored: First, our country's law stipulates that rural collective land shall be collectively owned and exercised by collective economic organizations and villagers committees, while collective economic organizations have township, village and Group Three. The multi-level and uncertainty of the main body caused the rural collective land ownership of the virtual position, the farmers land interests are fictitious, collective land everyone, but everyone has no right, the farmers get the compensation money will often be in the process of distribution by officials at all levels of deduction.　　How to solve the peasant's position in the multiple compensation main body, make the collective land compensation to benefit the farmer directly, is one of the prerequisite problems that the collective land expropriation legislation needs to be solved. Second, collective land expropriation is more prudent than state-owned land, because the expropriation of state-owned land is only to change the use of land, and collective land expropriation involves changes in the nature of land, directly related to national land structure and industrial policy.　　The legislation of collective land expropriation must be reasonably clear about the contents and limits of "public interest". We should actively explore the mechanism of public participation in the determination procedure of "public interest", strictly examine and approve the procedure of collective land expropriation, avoid the practice of enclosure in the name of "public interest", or the commercial development in the name of old village transformation. Third, the current collective land expropriation compensation standards are too low is a recognized fact. In particular, compared to the collective land expropriation compensation price and the national land level development market price, the "days difference" can be seen. This is also caused by the collective land expropriation in the process of contradictions between the expropriation and the party is sharp, farmers to land compensation difficult to understand, accept and the main reason for grudges. The Government's dependence on the "land Finance" has formed the phenomenon that the government and the people are competing for profit to some extent.　　To improve the model of land finance and to explore the reform of government finance and taxation system, so as to benefit the people, is the fundamental way to solve the low compensation standard. Its four, at present, in the process of compensation of collective land expropriation, farmland and homestead compensation confusion, land expropriation and collective land demolition procedure is basically no legal basis to follow, in reality, even the first collective land levy as state-owned, and then in accordance with the state-owned land demolition compensation policy for farmers to compensate the illegal situation, Farmers can only be compensated for the collective land housing, and their collective land interests are completelyBe deprived.　　It is necessary to make clear the steps, methods and legal consequences of violating the expropriation procedure in the legislation of collective land, and provide a perfect remedy to protect the interests of farmers effectively. Five, collective land expropriation for farmers, the most fundamental impact is that they have lost the basic means of production, rather than simple loss of property rights. It has a fundamental effect on farmers ' long-term production and life. Therefore, the collective land expropriation compensation should not only consider the value of the collective land lost by farmers, but also provide protection for the long-term interests of farmers from the perspective of the maintenance and sustainable development of farmers ' livelihood. Otherwise, it cannot be changed that some farmers will not be able to survive after the exhaustion of the compensation payments, still need the state to support the problem. To change the single compensation method and explore the compensatory ways of long-term, diversity and social security can provide a strong guarantee for the peasants who have left the land. Sourceph ">