What do land expropriation and social security mean?

1. What do land acquisition and social security mean?

Social security for land acquisition, also called social security for landless peasants, refers to the social insurance paid by farmers after land acquisition. In China's land expropriation policy, the State Council stipulates that the expropriated people should be properly resettled to avoid losing their basic living security after land expropriation. Under this document, the old-age insurance system for landless farmers has been introduced in various places to protect the rights and interests of landless farmers. The specific implementation policies in different places are inconsistent, and the specific plan needs to be consulted and found by the local social security bureau. Generally, different payment ratios are adopted according to different age groups, and the amount of payment is determined according to the level of economic development in various places.

Land acquisition insurance is generally for landless farmers aged 18 and above, and is voluntarily insured. If the age has exceeded the retirement age stipulated by the state, the local social security department will deduct some funds from the government's land acquisition income according to the annual pension insurance level for the payment of pension insurance premiums, and can receive pension insurance from that month; If men are 45-60 years old and women are 40-55 years old, landless farmers need to pay their own pension insurance if they want to join the urban flexible employment pension insurance plan, but the government and the collective bear most of the costs. If the male landless peasants are under 45 years old and the female landless peasants are under 40 years old, the government will deduct a part from the compensation for land acquisition for employment training to help the landless peasants find jobs again. If they are successfully employed, they can participate in the urban residents' old-age insurance plan and enjoy relevant preferential treatment.

Second, the difference between land acquisition social security and basic old-age insurance for employees

1. The concept is different. Social security for land requisition is a kind of old-age policy issued by the state to protect the rights and interests of landless farmers, while the basic old-age insurance for employees is a kind of social insurance and a special fund to ensure the basic living needs of employees after retirement. Although both of them receive endowment insurance in the end, their basic starting points are different and the concepts involved are different.

2. The objects are different. Social security for land acquisition is aimed at rural residents who have lost their livelihood security due to land acquisition, and the fees paid are paid by the government, village collectives and individual villagers. The basic old-age insurance for employees is aimed at urban residents who are working, and the fees are paid by companies and individuals.

3. Different pension standards. The standard of social security pension for land acquisition is generally the local urban minimum living standard (specifically related to the local social security standard for land acquisition), and the pension amount of employees' basic old-age insurance depends on the local average wage standard and individual payment years and standards.

Three. Sources of social security compensation for land acquisition

Social security compensation for land expropriation is the social security compensation fund given by the government to farmers after land expropriation. This is a new compensation project in addition to the original land acquisition compensation project, and it is not simply to pay the social resettlement subsidy for land-expropriated farmers to social security institutions, even if the social security work of land-expropriated farmers is completed.

Social security funds are uniformly arranged from the resettlement subsidies and land compensation fees approved by the government. If the two fees are not enough to pay, the local government will solve them from the paid use income of state-owned land. In other words, the social security fund has three sources:

1. Increase the resettlement subsidy of social security funds;

2. Compensation fee for collective land;

3. The land transfer fee obtained by the land-expropriated government.

legal ground

Article 48 of the Land Management Law of the People's Republic of China shall give fair and reasonable compensation to ensure that the original living standards of landless farmers will not be reduced and their long-term livelihood will be guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.

Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.

It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.