家庭农场土地征收补偿问题研究

随着未来家庭农场数量的逐渐增加与经营土地面积的不断扩大,与快速城镇化相伴随的土地征收区域不可避免会与家庭农场经营的土地范围相交叉或重叠。家庭农场主通过整合作为集体经济组织成员分得的承包地和市场化交易获得的承包地实现土地适度规模经营,因此,在家庭农场土地被征收时,应确保家庭农场主获得科学合理的补偿标准,并妥善处理家庭农场主与拥有不同类型农地权利的众多相关主体之间的利益分配关系。本文采用文献资料法和理论分析法,区分点状征地、线状征地和面状征地三种不同情况,分析了家庭农场土地征收的后期生产经营影响,在土地承包关系"长久不变"的政策框架下,深入剖析了家庭农场土地征收涉及的农地权利类型。然后,构建起家庭农场土地征收补偿标准理论模型,以及家庭农场主、政府、集体经济组织、农民等权利主体之间的收益分配理论模型。具体而言,家庭农场主根据自有土地、通过土地流转获得的土地、通过土地退出获得的土地所占的比重以及不同类型土地权利所对应的价值标准分得相应的征地补偿收益;政府通过税收参与征地补偿收益分配;集体经济组织凭借土地所有者身份依法分得相应比例的补偿收益;农民获得的征地补偿收益为承包经营权价值扣除其让渡给家庭农场主的农地权利价值后的剩余部分。最后,本文从四个方面提出了相应的对策和建议:1做好家庭农场发展规划;2提高征地补偿标准并将间接损失纳入补偿范围;3建立家庭农场规模化经营土地的征收补偿收益分配机制;4保障抵押权人(金融机构)对征地补偿享有优先受偿权。

Study on land acquisition compensation of family farms

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.