What is the current land management system in China? What's the problem?

1. The current land management system in China is implemented by the Constitution and the Land Management Law.

2. There are four main defects:

Answer: The right of land expropriation does not reflect the need of "public interest"

The Constitution of China and the Land Administration Law stipulate that "the state may expropriate or requisition land and make compensation in accordance with the law for the needs of public interests." However, laws and regulations do not further clarify the scope and standards of "public interest". The Land Management Law also stipulates: "Any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law." "The term" state-owned land applied for according to law "as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives. "This provision actually extends the land expropriation right to the whole non-agricultural construction land, and also includes the commercial development land that should have been obtained through market behavior into the scope of land expropriation right.

The unclear definition of "public interest" in law leads to the abuse of land expropriation right to some extent. In reality, the purpose of land expropriation has long been not limited to "public interests", but has been extended to the interests of enterprises and individuals. Any unit or individual can apply for the land use right expropriated by the state to meet its land demand. In some urban plots, commercial land generally accounts for more than 50% or even 90%.

The expansion of the exercise scope of the right of land expropriation has objectively caused the scale of land expropriation to be too large, resulting in a large number of landless peasants, which has increased the responsibility and pressure of the government to resettle landless peasants.

B. The compensation standard is low and the calculation method is unreasonable.

The second major defect of China's current land expropriation system is the low compensation standard. The compensation and resettlement expenses calculated according to the current laws and regulations are not enough to maintain the original living standards of landless farmers. This problem is particularly prominent in places with large population and small population. In practice, due to the uncertainty of the annual output value and the inconsistency of many standards, the government often lowers the land acquisition compensation within the legal scope.

According to 300 yuan/person/month, the current minimum living standard for urban workers in an eastern city, the compensation received by local farmers can only last for about 8 years. If you participate in social insurance, the compensation per person is not enough for 1/2 of the insurance cost.

At the same time, the current compensation standard for land expropriation does not fully consider the value of land as farmers' means of production and important social security, let alone the compensation for farmers' land contractual management rights, which is inconsistent with the requirements of the Rural Land Contract Law.

The current calculation method of land expropriation compensation can not reflect the potential use value of land, especially under the conditions of uncertain land use mode, planting system and market situation, it is difficult to accurately reflect the actual value of the expropriated land. At the same time, due to the compensation according to the original use, it is difficult for landless farmers to share the added value brought by the change of land use mode, and it is also difficult to share the fruits of economic and social development.

C. Resettlement policy cannot guarantee the long-term livelihood of landless peasants.

The current laws and regulations on the resettlement of land-expropriated farmers are relatively general, and the objectives and principles of land-expropriated resettlement are not clearly defined, especially how to estimate the "original living standard" of land-expropriated farmers is not clearly stated. There are no specific provisions on the main resettlement methods, specific operating procedures and standardized management in the current land acquisition practice. At the same time, the law does not clearly stipulate the responsible subject of land-lost farmers' resettlement, how to mediate disputes over land acquisition and resettlement, and how to punish those who do not bear the resettlement responsibility.

It is a common phenomenon that the income level of landless peasants decreases after land acquisition. Because China has not established a training and employment mechanism for urban and rural areas as a whole, and there are no policies and measures to support the training and employment of land-expropriated farmers, it is an inevitable result that some land-expropriated farmers have difficulty in re-employment or their employment quality is too low, and they cannot obtain new sources of income or their income is too low.

It is urgent to establish a basic living security system suitable for the characteristics of landless peasants. It is very difficult for middle-aged and elderly farmers whose land has been expropriated to switch to non-agricultural industries for employment again. If there is a certain amount of land for farming, most of them can support themselves. However, after the land is expropriated, they will soon fall into the predicament of losing land and unemployment, and they urgently need the corresponding pension system to solve their worries; Judging from the employment of landless farmers, most of them are temporary jobs with strong instability. Once the economic situation fluctuates, they will be the first unemployed people. In addition, what is more serious is that as many as 34% of landless farmers are unemployed. So it can be seen that unemployment insurance is very important to them. For all landless peasants, their living conditions are extremely fragile under the conditions of difficult employment and limited income, especially when they encounter difficulties such as diseases. Therefore, it is urgent to establish a medical security system.

D. The land expropriation procedure violates the right to know of landless farmers.

Although the land management law stipulates that land acquisition should be announced, the announcement is a step implemented after the land acquisition is approved. The land requisition compensation standard and resettlement measures have been approved and determined. This is actually an announcement after the event, and farmers can only passively accept it. Therefore, in some places, the announcement is understood as a notice announcement or even a mandatory announcement.

The current law does not give collective farmers and individual farmers the right to express their opinions, nor does it require consultation with farmers. If there is any dispute over the compensation standard, the law stipulates that "the local people's governments at or above the county level shall coordinate; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. " The government is not only the manager of land, but also the user of land, and the coordinator of land acquisition compensation and resettlement disputes. Obviously, this dispute adjudication mechanism is very unreasonable, and farmers have no recourse.