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建国以来,我国土地征收补偿制度大致经历了建国初期构建、改革开放初期重构和市场经济建立后变革等3个不同历史时期的变迁。不同时期的制度内容有着不同的历史特征,此前的传统体制对计划经济存在着较强的依赖性,从而成为我国改革现行土地征收赔偿制度需要克服的薄弱环节。基于上述分析,应遵循市场原则,合理界定公共利益范围,防止土地征收权力滥用;导入市场评估机制,确定土地征收补偿原则;拓宽补偿安置方式,保障被征地农民合法权益;规范土地征收程序,合理分配补偿费用;完善纠纷解决机制,健全司法救济渠道。
Since the founding of the People’s Republic of China, the system of compensation for land expropriation in China has undergone tremendous changes in three different historical periods: initial construction of the People’s Republic of China, restructuring at the initial stage of reform and opening up, and changes after the market economy was established. The contents of the system in different periods have different historical features. The previous traditional system had strong dependence on the planned economy, which became the weak link that needs to be overcome to reform the current land expropriation and compensation system in our country. Based on the above analysis, market principles should be followed, the scope of public interest should be reasonably defined, and the abuse of land acquisition rights should be prevented. The market assessment mechanism should be introduced to determine the principle of compensation for land expropriation. The compensation and resettlement methods should be broadened to protect the legitimate rights and interests of land-expropriated farmers. Allocate compensation fees; improve the dispute resolution mechanism and improve the judicial relief channels.