山西
发布时间：2019-03-16 08:00
【摘要】：在我国，农村土地承载着农业生产和社会保障的双重功能，随着城市化推进，耕地和农业用地转为国家建设用地成为城市发展和建设必经之路，国有土地出让收入成为地方财政的主要来源。非农建设用地的需求不断增多，由此产生了大量被征地农民，当前，被征地农民的社会保障安置已从一次性货币安置逐渐过渡为可以维持其长久生活的社会保障机制，但中国截至目前仍没有对被征地农民的社会保障问题形成明确的法律和法规。 制度的完善是保障的根本，构建因地制宜、适合本省被征地农民情况的“土地换保障”制度迫在眉睫。本文通过对山西省2007年出台的“土地换保障”政策进行分析，发现制度中存在医疗保障缴费规定模糊、政府补贴责任主体不明确、补偿比例模糊、新旧被征地农民社会保障待遇衔接不完善等问题，继续对制度中存在的缺陷分析深挖，发现我国社会保障制度缺失的根本原因是由于我国土地征收制度的不健全、农村土地产权制度的界定模糊、城乡户籍制度的二元化和我国现行法律中对被征地农民社会保障制度建设的法律缺失。由于上述种种原因，被征地农民的生活保障与城镇居民的社会保障在内容上、形式上、保障力度上都有很大差别。 山西省“土地换保障”的内在缺陷现在已经显现，在对比上海、重庆、成都、浙江的保障安置经验时，发现不仅影响其基本生存权和发展权，也拉大了城乡居民生活水平，不利于城乡统筹一体化发展。在山西省“土地换保障”路径选择中，应以城乡统筹一体化为基本目标；在制度建设上，明确提高山西省“土地换保障”制度中的补偿标准和水平、强化制度建设的重视程度、拓宽保障项目、加强就业培训，同时做到“土地换保障”制度与其他保障制度的有效衔接，扩大被征地农民参与范围；从资金筹集方式上，建立省级转移支付平台的同时，完善基金监管制度，以法律手段降低被征地农民保障资金的可能性风险；从可持续生计来看，从农民的真实意愿出发进行合理安置，提高土地补偿费和安置补助费，加大政府补贴力度，保障被征地农民在失去土地以后，仍旧能够实现拥有长期收入来源和稳定社会保障，并能够保证生活水平不因征地降低。
[Abstract]:In China, rural land carries the dual functions of agricultural production and social security. With the advancement of urbanization, the conversion of cultivated land and agricultural land into national construction land has become the only way to urban development and construction. The revenue from the transfer of state-owned land has become the main source of local finance. The demand for non-agricultural construction land continues to increase, resulting in a large number of land-expropriated farmers. At present, the social security resettlement of land-expropriated farmers has gradually transitioned from one-time currency resettlement to a social security mechanism that can maintain their long-term life. But so far, China has no clear laws and regulations on the social security of land-expropriated farmers. The perfection of the system is the foundation of the guarantee. It is urgent to construct the "land exchange guarantee" system, which is suitable for the situation of the land expropriated farmers in this province. Based on the analysis of the policy of "land exchange for security" issued by Shanxi Province in 2007, it is found that there are vague provisions on medical security payment, the main body of government subsidy responsibility is not clear, and the proportion of compensation is fuzzy. The problems such as the imperfect social security treatment of the old and new land expropriated farmers continue to analyze the defects in the system and find that the root cause of the lack of social security system in our country is the imperfection of the land expropriation system in our country. The definition of rural land property right system is vague, the dualism of urban and rural household registration system and the lack of law on the construction of land expropriated farmers' social security system in the current law of our country. Because of all these reasons, there are great differences in content, form and strength between the life security of land-expropriated peasants and the social security of urban residents. The inherent defects of "land for security" in Shanxi Province have now emerged. When comparing the experience of security and resettlement in Shanghai, Chongqing, Chengdu and Zhejiang, it is found that it not only affects its basic right to subsistence and development, but also increases the living standards of urban and rural residents. It is not conducive to the integrated development of urban and rural areas. In the path selection of "land exchange for security" in Shanxi Province, the integration of urban and rural areas should be taken as the basic goal. In terms of system construction, we should clearly raise the compensation standard and level of "land exchange guarantee" system in Shanxi Province, strengthen the attention paid to the system construction, broaden the security projects, and strengthen employment training. At the same time, the system of "land exchange for security" and other security systems can be effectively linked to expand the scope of participation of land-expropriated farmers; On the way of raising funds, while establishing the provincial transfer payment platform, we should perfect the supervision system of funds and reduce the possible risk of ensuring funds for land-expropriated farmers by means of law. From the point of view of sustainable livelihood, reasonable resettlement should be carried out from the true wishes of farmers, land compensation fees and resettlement subsidies should be raised, government subsidies should be increased, and land-expropriated farmers would be guaranteed after they lost their land. Still able to achieve long-term income sources and stable social security, and to ensure that living standards do not fall due to land expropriation.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1;F323.89
本文编号：2441082
[Abstract]:In China, rural land carries the dual functions of agricultural production and social security. With the advancement of urbanization, the conversion of cultivated land and agricultural land into national construction land has become the only way to urban development and construction. The revenue from the transfer of state-owned land has become the main source of local finance. The demand for non-agricultural construction land continues to increase, resulting in a large number of land-expropriated farmers. At present, the social security resettlement of land-expropriated farmers has gradually transitioned from one-time currency resettlement to a social security mechanism that can maintain their long-term life. But so far, China has no clear laws and regulations on the social security of land-expropriated farmers. The perfection of the system is the foundation of the guarantee. It is urgent to construct the "land exchange guarantee" system, which is suitable for the situation of the land expropriated farmers in this province. Based on the analysis of the policy of "land exchange for security" issued by Shanxi Province in 2007, it is found that there are vague provisions on medical security payment, the main body of government subsidy responsibility is not clear, and the proportion of compensation is fuzzy. The problems such as the imperfect social security treatment of the old and new land expropriated farmers continue to analyze the defects in the system and find that the root cause of the lack of social security system in our country is the imperfection of the land expropriation system in our country. The definition of rural land property right system is vague, the dualism of urban and rural household registration system and the lack of law on the construction of land expropriated farmers' social security system in the current law of our country. Because of all these reasons, there are great differences in content, form and strength between the life security of land-expropriated peasants and the social security of urban residents. The inherent defects of "land for security" in Shanxi Province have now emerged. When comparing the experience of security and resettlement in Shanghai, Chongqing, Chengdu and Zhejiang, it is found that it not only affects its basic right to subsistence and development, but also increases the living standards of urban and rural residents. It is not conducive to the integrated development of urban and rural areas. In the path selection of "land exchange for security" in Shanxi Province, the integration of urban and rural areas should be taken as the basic goal. In terms of system construction, we should clearly raise the compensation standard and level of "land exchange guarantee" system in Shanxi Province, strengthen the attention paid to the system construction, broaden the security projects, and strengthen employment training. At the same time, the system of "land exchange for security" and other security systems can be effectively linked to expand the scope of participation of land-expropriated farmers; On the way of raising funds, while establishing the provincial transfer payment platform, we should perfect the supervision system of funds and reduce the possible risk of ensuring funds for land-expropriated farmers by means of law. From the point of view of sustainable livelihood, reasonable resettlement should be carried out from the true wishes of farmers, land compensation fees and resettlement subsidies should be raised, government subsidies should be increased, and land-expropriated farmers would be guaranteed after they lost their land. Still able to achieve long-term income sources and stable social security, and to ensure that living standards do not fall due to land expropriation.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1;F323.89
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