Compensatory Certificate of Demarcation of Permanent Basic Farmland from the Perspective of"Inverse Condemnation"
The purpose of this study is to explore the administrative law nature of the demarcation of permanent basic farmland,to seek a feasible balance between national farmland protection and the safeguarding of farmers'property rights.The research methods include theoretical analysis,interpretation of legal norms and case analysis.The results show that:1)under the current framework of administrative action theory,there is a confusion in nature between territorial space planning and the demarcation of permanent basic farmland.2)The existing inverse condemnation identification system overlooks the"unity of expropriation and compensation"requirement,and has certain defects.3)The current farmland protection subsidies are not sufficient to achieve the goal of compensating for property losses.In conclusion,the identification of inverse condemnation should be established under the framework of"unity of expropriation and compensation"with internal and external composite standards.The demarcation of permanent basic farmland is a typical manifestation of land use control,which meets the standards of inverse condemnation.Therefore,it is necessary to promote the marketization of developmental rights and interests of permanent basic farmland,and to provide substantial compensation to collective land owners and contractors according to market standards.
NETL
NSTL
万方数据
