Research On The Land Compensation Mechanism Outside The Red Line

The rapid development of China’s economy makes the demand for construction land increases rapidly, so the land acquisition is a basic work of urban planning and development process which is carried out frequently. Land compensation standards and modes have reached a social consensus basically after years of practice, but still a lot of social conflicts stem from land acquisition and increase. In other countries,there are land acquisition too,but relatively few conflicts arising. Part of the contradictions happen in the process of land acquisition for the low or unfair compensation, but the vast majority of contradictions generate after land acquisition, the main contradiction body is not only limited to those who have been acquired land, but also including neighboring landowners or land user, it may be more than the problem of low land compensation.In other countries, they also have land acquisition compensation, but relatively few conflicts arising. This paper analyzes the current situation of China’s land acquisition compensation and foreign country’s; interprets the existing laws and regulations both in domestic and foreign country; demonstrates the feasibility and necessity of land acquisition compensation outside the red line from the legal aspects;divides the types of the surrounding land use effect;distinguishes different situations in which requisitioned land used for road, for factories, for commercial land, for residential land, and for green land;determines the type of land acquisition compensation for land outside the red line. This paper has important practical and theoretical significance on improving the legal system of land acquisition compensation and depth discussions of land outside the red line compensation.The main conclusions are as follows:First and foremost, although there is no clear law of compensation for he surrounding land that influenced by the requisitioned land, in fact, in the "People’s Republic of China Constitution" and "People’s Republic of China Civil Law" and other laws, the neighboring rights were clearly defined, and this provide a legal basis on the compensation of land outside the red line.Second, With research and analysis on the influence at present, the types of the surrounding land influenced by requisitioned land can be divided in accordance with the shape,which including three types:strip radiation type, circular radiation type, and random type. When divided according to the attributes,there is natural impacts, the economic impacts and social impacts. Natural impacts affect nature, plants, animals and so on; economic impact can be divided into two types:the impact on economic production, and the impact on the speed of economic growth. Social impacts are mainly related to human relationships and human psychological characteristics change.Third, in connection with the requisitioned land’s use circumstances such as transportation land, industrial land, commercial land, residential land, and green space, according to the divided types above, investigates the scopes and the standards of land compensation outside the red line.Forth, When the requisitioned land used for traffic, it belongs to strip radiation type if divided according to the shape. When divided according to the attributes, it mainly belongs to natural impacts and the economic impacts. In accordance with the influence, land compensation range outside the red line can be roughly divided into:0-25m for severe impact area,25-100m for moderate impact area,100-200m for mildly affected area; compensation criteria is, severe impact area’s compensation standard takes 80% of the local standard,50% for moderately affected area,20% for mildly affected area. Industrial land, commercial land, residential land and the others have their own compensation scopes and standards corresponding to different utilization.All in all, laws of our country contains the legal basis for land compensation outside of the red line. Divides the influence into different types according to the shape and its attributes, makes empirical analysis on it and puts forward corresponding compensation ranges and standards.