长春高新北区农用地征收补偿机制与保障措施
发布时间：2018-11-18 08:57
【摘要】：在过去的几十年,我国的经济面貌发生巨大改观,农民所承包的土地越来越多的被服务于工业化、城镇化建设。各级政府陆续组织开展了一系列征地活动,在获取大量新增建设用地的同时,征地工作所存在的一些问题也暴露出来,例如农民土地财产权得不到保障,征地目的不清,征地程序不透明,失地农民安置不当等问题。本论文以长春高新北区农地征收为例,对我国当前农地征收补偿、土地财产部分收益的分配、征地农民的可持续保障现状进行实证分析及理论探讨,共分为五大部分。第一部分,介绍研究背景和国内外关于土地征收机制的研究概况,阐述土地征收的含义特征及机制的内涵,为长春高新北区征地运行机制的研究作铺垫。第二部分,长春高新北区征地运行机制分析。本章列举了长春高新北区征地的详细资料和征地程序,征地程序包括“两公告一登记”,即征地土地公告和征地补偿和安置方案公告,补偿登记。第三部分,本章探究了如何在征地过程中保障农民的土地财产权。由于我国的农村土地归村集体所有,保证农民在土地流转、承包、征收过程中财产权利的法律尚不完善,所以被征地农民的土地财产权尚不能得到很好保护。第四部分,本章探究了长春高新北区被征地农民失地后的社会保障研究。农民失去土地后,失去了稳定的经济收入来源,所以做好失地农民的社会保障工作极为重要。本章探究了被征地农民的养老保障体系、医疗保障体系、就业保障体系这三个方面。分别针对不同年龄阶层的农民进行了不同的安置措施研究,力求失地农民得到合理安置,不影响其正常生活。第五部分,长春高新北区征地机制存在的问题与完善措施。存在的问题包括：征地方面法律不完善,土地征收程序不透明,征收目的不清晰,农民土地财产权得不到保障,失地农民社会保障缺失,缺乏有效救济途径,补偿标准不合理这七个问题。解决措施的方案包括完善征地方面的法律,提高失地农民的征地补偿标准,农民土地财产权的落实,从“两方会谈”变成“多方会谈”,政府出具“土地发展规划书”,为50岁以上农民提供“大病保险”,以及提前转化,促进就业等具体对策。
[Abstract]:In the past few decades, the economic outlook of our country has changed greatly, and more land contracted by farmers has been served for industrialization and urbanization. Governments at all levels have organized a series of land requisition activities one after another. While acquiring a large number of new construction sites, some problems in the land requisition work have also been exposed. For example, farmers' land property rights are not guaranteed and the purpose of land expropriation is unclear. The procedure of land expropriation is not transparent, and the peasants who have lost their land have been improperly placed. This paper takes the agricultural land expropriation of the north district of Changchun high-tech as an example to make empirical analysis and theoretical discussion on the current situation of farmland expropriation compensation, the distribution of partial income of land property and the sustainable security of land-expropriating farmers, which is divided into five parts. The first part introduces the research background and the general situation of the land expropriation mechanism at home and abroad, expounds the meaning characteristics of land expropriation and the connotation of the mechanism, paving the way for the study of the land expropriation operation mechanism in the North District of Changchun. The second part, the analysis of land requisition operation mechanism in Changchun high-new area. This chapter enumerates the detailed data and procedures of land expropriation in the north district of Changchun, which includes "two announcements and one registration", that is, the notice of land expropriation, the announcement of compensation and rehousing scheme, and the registration of compensation. In the third part, this chapter explores how to protect farmers' land property rights in the process of land expropriation. Because the rural land in our country is owned by the village collectives, and the law of property rights in the process of land circulation, contracting and expropriation is not perfect, the land property rights of the peasants who have been expropriated have not been well protected. In the fourth part, this chapter explores the social security research of land expropriated farmers in the north district of Changchun. Since farmers lost their land, they lost a stable source of economic income, so it is very important to do a good job of social security for landless farmers. This chapter explores the land-expropriated farmers pension security system, medical security system, employment security system these three aspects. Different resettlement measures were carried out for farmers of different ages to make every effort to get reasonable placement of landless farmers and not to affect their normal life. The fifth part, the problems and measures of land expropriation mechanism in Changchun high-new area. The existing problems include: land expropriation law is not perfect, land expropriation procedure is not transparent, the purpose of expropriation is not clear, farmers' land property rights can not be guaranteed, the lost land farmers' social security is missing, and there is no effective remedy way. There are seven problems with unreasonable compensation standards. The solution includes perfecting the law on land expropriation, raising the compensation standard for the expropriation of land-losing farmers, implementing the peasants' land property rights, and changing from "two-party talks" to "multi-party talks", and the government issuing a "land development plan document." To provide "serious illness insurance" for farmers over 50 years old, as well as to advance the transformation, promote employment and other specific countermeasures.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：F321.1
本文编号：2339552
[Abstract]:In the past few decades, the economic outlook of our country has changed greatly, and more land contracted by farmers has been served for industrialization and urbanization. Governments at all levels have organized a series of land requisition activities one after another. While acquiring a large number of new construction sites, some problems in the land requisition work have also been exposed. For example, farmers' land property rights are not guaranteed and the purpose of land expropriation is unclear. The procedure of land expropriation is not transparent, and the peasants who have lost their land have been improperly placed. This paper takes the agricultural land expropriation of the north district of Changchun high-tech as an example to make empirical analysis and theoretical discussion on the current situation of farmland expropriation compensation, the distribution of partial income of land property and the sustainable security of land-expropriating farmers, which is divided into five parts. The first part introduces the research background and the general situation of the land expropriation mechanism at home and abroad, expounds the meaning characteristics of land expropriation and the connotation of the mechanism, paving the way for the study of the land expropriation operation mechanism in the North District of Changchun. The second part, the analysis of land requisition operation mechanism in Changchun high-new area. This chapter enumerates the detailed data and procedures of land expropriation in the north district of Changchun, which includes "two announcements and one registration", that is, the notice of land expropriation, the announcement of compensation and rehousing scheme, and the registration of compensation. In the third part, this chapter explores how to protect farmers' land property rights in the process of land expropriation. Because the rural land in our country is owned by the village collectives, and the law of property rights in the process of land circulation, contracting and expropriation is not perfect, the land property rights of the peasants who have been expropriated have not been well protected. In the fourth part, this chapter explores the social security research of land expropriated farmers in the north district of Changchun. Since farmers lost their land, they lost a stable source of economic income, so it is very important to do a good job of social security for landless farmers. This chapter explores the land-expropriated farmers pension security system, medical security system, employment security system these three aspects. Different resettlement measures were carried out for farmers of different ages to make every effort to get reasonable placement of landless farmers and not to affect their normal life. The fifth part, the problems and measures of land expropriation mechanism in Changchun high-new area. The existing problems include: land expropriation law is not perfect, land expropriation procedure is not transparent, the purpose of expropriation is not clear, farmers' land property rights can not be guaranteed, the lost land farmers' social security is missing, and there is no effective remedy way. There are seven problems with unreasonable compensation standards. The solution includes perfecting the law on land expropriation, raising the compensation standard for the expropriation of land-losing farmers, implementing the peasants' land property rights, and changing from "two-party talks" to "multi-party talks", and the government issuing a "land development plan document." To provide "serious illness insurance" for farmers over 50 years old, as well as to advance the transformation, promote employment and other specific countermeasures.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：F321.1
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