城市土地征收补偿过程中的问题及利益博弈
发布时间：2018-08-17 14:50
【摘要】：十二五期间我国处于一个高速发展的冲刺期,在十二五期间各行各业得到了很大的发展,以城市建设为主的城镇化工作的推进对地方经济的带动以及对内需的拉动尤为明显,中国社会科学院7月30日发布的2013《城市蓝皮书》认为,中国真实的完全城镇化率达42.2%。预计,到2030年前全国大约有3.9亿农业转移人口需要实现市民化,其中存量约1.9亿,增量达2亿多。随着城市不断扩张,城市功能性不断增强的同时,城市发展对土地的需求量也不断增加。城市土地供应主要以两类为主,一是对城乡结合部以及农用地的征用,二是旧城区、棚户区改造中的征地动迁。所以城市土地的征收动迁补偿工作是个关系到国民经济和地方经济发展以及相关产业发展的重大现实问题。近些年来随着城市在区域经济发展中的核心地位不断增强,城市建设的规模、力度、速度也不断扩张,拆迁规模随之急剧膨胀,在以地方政府主导的土地征收动迁过程中暴露出来的利益冲矛盾致使暴力冲突事件日益突出和激烈,并引发全民性的关注和成为社会各界讨论的焦点。如何化解城市发展过程中土地征收动迁工作存在的问题和矛盾是保证经济又好又快发展的重点工作。 本文选取以辽宁为主的等其他一些省份的城市发展中所涉及的土地问题和房屋拆迁的典型案例作为研究对象。主要以理论研究和实践成果为基础,回顾了我国土地征收动迁补偿制度和政策的演变过程,归纳出我国土地征收动迁补偿的几个特殊阶段；通过实地调研,整理了现阶段我国土地征收动迁补偿中存在的问题和一些风险点,结合几个典型国家和地区的的土地征收动迁补偿的基本情况和一些开创性的做法,对比了德国日本以及台湾等几个国家和地区相关政策和办法,得出一些合适我国国情的有借鉴意义的经验举措,并且在分析了土地征收动迁补偿中的三大利益关系主体以及其利益诉求基础上,通过补偿货币化的量化方法,采用博弈论理论建立模型来分析讨论补偿政策、补偿标准的制定和达成搬迁协议的谈判这两个土地征收动迁补偿过程中矛盾比较突出的阶段,讨论补偿标准的提高和谈判策略的选择对达成搬迁协议的影响来推演出其中几大利益主体的利益博弈和对土地征收动迁工作成功率的影响。最后根据上述的分析研究得出政策建议,并提出进行相关机制建设。 本文共分七个章节,主要研究内容包括以下几大部分： 第一部分,回顾了改革开放二十多年来,特别是进入21世纪,我国城市建设和房地产业都取得了巨大的成绩。农村土地的征收和旧城区房屋的征地动迁作为城市建设和地方经济发展的重要部分,正在不断地走向法制化、市场化、规范化的道路。 第二部分,通过实地调研,收集整理了城市土地征收动迁补偿过程中存在的问题以及风险点,抛开国有土地和集体土地的界限,从城市发展和地方经济建设入手,深入分析问题的成因,以及产生的机理,提出拆迁问题的产生是利益矛盾的冲突和围绕补偿标准的利益分配不合理造成的。并为后文的利益博弈分析和最后政策建议及机制建设提供铺垫。 第三部分,通过调查和查阅大量资料,比较详细的介绍了几个典型国家和地区的土地征用补偿方面的基本情况,重点对这些国家和地区在征地补偿范围、补偿标准、支付方式以及征地动迁的有关程序进行了归纳,并提出了我们可以学习借鉴的相关方面内容,同时,对这几个国家和地区的征地补偿的做法进行了比较。 第四部分,通过实地调研和政策文献研究,得出城市土地一级开发经历的主要程序和阶段,提出其中涉及的三大利益主体,以及利益矛盾最突出的两个阶段。运用博弈论的研究方法,对上述两个阶段建立博弈模型进行分析,通过分析其中的博弈关系和规律,在分析当前一些现象发生的机理的基础上提出相关的有借鉴意义的政策建议。 第五部分,主要是针对土地征收补偿过程中经常出现和发生的问题,从完善法律法规、政策措施、体系建设、制度完善、监督机制建立、操作方式方法、政府行为、群众工作等面提出了相关对策建议。
[Abstract]:During the 12th Five-Year Plan period, China is in a period of rapid development. During the 12th Five-Year Plan period, all walks of life have made great progress. The promotion of urbanization, with urban construction as the main part, has greatly promoted the local economy and the domestic demand. According to the Blue Book of the City issued by the Chinese Academy of Social Sciences on July 30, China is really a country. The total urbanization rate is 42.2%. It is estimated that about 390 million rural migrants will need to be citizenized by 2030, of which about 190 million will be in stock, with an increase of more than 200 million. The first is the expropriation of rural-urban fringe and agricultural land, and the second is the expropriation and relocation of land in the transformation of old urban areas and shanty towns. The scale of demolition and relocation is expanding rapidly. The conflicts of interests exposed in the process of land expropriation and relocation led by the local government lead to the increasingly prominent and intense violent conflicts, which arouse the concern of the whole people and become the focus of discussion in the community. How to resolve the problems and contradictions of land expropriation and relocation in the process of urban development is the key work to ensure sound and rapid economic development.
This paper selects the typical cases of land issues and housing demolition involved in the urban development of Liaoning and other provinces as the research object. Based on the theoretical research and practical results, this paper reviews the evolution of the compensation system and policy for land expropriation and relocation in China, and concludes the compensation for land expropriation and relocation in China. Several special stages; through on-the-spot investigation, this paper sorted out the existing problems and some risk points of land expropriation and relocation compensation in China at this stage, combined with the basic situation of land expropriation and relocation compensation in several typical countries and regions and some pioneering practices, and compared the relevancy compensation in Germany, Japan and Taiwan and other countries and regions. Based on the analysis of the three main interest-related subjects and their interest demands in land expropriation and relocation compensation, this paper uses the quantitative method of compensation monetization and game theory to establish a model to analyze and discuss the compensation policy and compensation standard system. Negotiation of reaching a relocation agreement is a contradictory stage in the process of compensation for land expropriation and relocation. This paper discusses the influence of the improvement of compensation standards and the choice of negotiation strategies on reaching a relocation agreement to deduce the interest game of several major stakeholders and the influence on the success rate of land expropriation and relocation. The analysis and research draw policy recommendations, and put forward related mechanism construction.
This paper is divided into seven chapters. The main contents are as follows:
The first part reviews the achievements of urban construction and real estate industry in our country in the past 20 years of reform and opening up, especially in the 21st century. As an important part of urban construction and local economic development, rural land expropriation and old urban housing expropriation and relocation are moving towards legalization, marketization and standardization. Road.
The second part, through on-the-spot investigation, collects and collates the existing problems and risk points in the process of compensation for urban land expropriation and relocation, throws aside the boundaries between state-owned land and collective land, proceeds from urban development and local economic construction, analyzes the causes of the problems, as well as the mechanism, and points out that the problem of demolition and relocation is a contradiction of interests. Conflicts and unreasonable distribution of benefits around compensation criteria are the main causes of the conflicts, which pave the way for the benefit game analysis and the final policy recommendations and mechanism construction.
In the third part, by investigating and consulting a great deal of data, the author introduces in detail the basic situation of land expropriation compensation in several typical countries and regions, and mainly summarizes the scope of land expropriation compensation, compensation standards, payment methods and relevant procedures of land expropriation and relocation in these countries and regions, and puts forward that we can learn from them. At the same time, the methods of land expropriation compensation in these countries and regions are compared.
The fourth part, through the field investigation and policy literature research, obtains the main procedures and stages of urban land primary development, puts forward the three main interests involved and the two most prominent stages of interest contradictions. Based on the analysis of the mechanism of some current phenomena, this paper puts forward relevant policy suggestions.
The fifth part mainly aims at the problems that often occur in the process of land expropriation compensation, and puts forward relevant countermeasures and suggestions from perfecting laws and regulations, policies and measures, system construction, system perfection, supervision mechanism establishment, operation methods, government behavior and mass work.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：F301.2
本文编号：2187989
[Abstract]:During the 12th Five-Year Plan period, China is in a period of rapid development. During the 12th Five-Year Plan period, all walks of life have made great progress. The promotion of urbanization, with urban construction as the main part, has greatly promoted the local economy and the domestic demand. According to the Blue Book of the City issued by the Chinese Academy of Social Sciences on July 30, China is really a country. The total urbanization rate is 42.2%. It is estimated that about 390 million rural migrants will need to be citizenized by 2030, of which about 190 million will be in stock, with an increase of more than 200 million. The first is the expropriation of rural-urban fringe and agricultural land, and the second is the expropriation and relocation of land in the transformation of old urban areas and shanty towns. The scale of demolition and relocation is expanding rapidly. The conflicts of interests exposed in the process of land expropriation and relocation led by the local government lead to the increasingly prominent and intense violent conflicts, which arouse the concern of the whole people and become the focus of discussion in the community. How to resolve the problems and contradictions of land expropriation and relocation in the process of urban development is the key work to ensure sound and rapid economic development.
This paper selects the typical cases of land issues and housing demolition involved in the urban development of Liaoning and other provinces as the research object. Based on the theoretical research and practical results, this paper reviews the evolution of the compensation system and policy for land expropriation and relocation in China, and concludes the compensation for land expropriation and relocation in China. Several special stages; through on-the-spot investigation, this paper sorted out the existing problems and some risk points of land expropriation and relocation compensation in China at this stage, combined with the basic situation of land expropriation and relocation compensation in several typical countries and regions and some pioneering practices, and compared the relevancy compensation in Germany, Japan and Taiwan and other countries and regions. Based on the analysis of the three main interest-related subjects and their interest demands in land expropriation and relocation compensation, this paper uses the quantitative method of compensation monetization and game theory to establish a model to analyze and discuss the compensation policy and compensation standard system. Negotiation of reaching a relocation agreement is a contradictory stage in the process of compensation for land expropriation and relocation. This paper discusses the influence of the improvement of compensation standards and the choice of negotiation strategies on reaching a relocation agreement to deduce the interest game of several major stakeholders and the influence on the success rate of land expropriation and relocation. The analysis and research draw policy recommendations, and put forward related mechanism construction.
This paper is divided into seven chapters. The main contents are as follows:
The first part reviews the achievements of urban construction and real estate industry in our country in the past 20 years of reform and opening up, especially in the 21st century. As an important part of urban construction and local economic development, rural land expropriation and old urban housing expropriation and relocation are moving towards legalization, marketization and standardization. Road.
The second part, through on-the-spot investigation, collects and collates the existing problems and risk points in the process of compensation for urban land expropriation and relocation, throws aside the boundaries between state-owned land and collective land, proceeds from urban development and local economic construction, analyzes the causes of the problems, as well as the mechanism, and points out that the problem of demolition and relocation is a contradiction of interests. Conflicts and unreasonable distribution of benefits around compensation criteria are the main causes of the conflicts, which pave the way for the benefit game analysis and the final policy recommendations and mechanism construction.
In the third part, by investigating and consulting a great deal of data, the author introduces in detail the basic situation of land expropriation compensation in several typical countries and regions, and mainly summarizes the scope of land expropriation compensation, compensation standards, payment methods and relevant procedures of land expropriation and relocation in these countries and regions, and puts forward that we can learn from them. At the same time, the methods of land expropriation compensation in these countries and regions are compared.
The fourth part, through the field investigation and policy literature research, obtains the main procedures and stages of urban land primary development, puts forward the three main interests involved and the two most prominent stages of interest contradictions. Based on the analysis of the mechanism of some current phenomena, this paper puts forward relevant policy suggestions.
The fifth part mainly aims at the problems that often occur in the process of land expropriation compensation, and puts forward relevant countermeasures and suggestions from perfecting laws and regulations, policies and measures, system construction, system perfection, supervision mechanism establishment, operation methods, government behavior and mass work.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：F301.2
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