土地征用安置补助费计算的误区及其纠正

研究目的:探讨准确体现土地法精神的征地安置补助费计算方法.研究方法:案例解剖法.研究结果:目前多数项目征地安置补助费的计算上存在三个主要偏差:以所谓的"综合价"包含全部土地赔偿费用;按照征用土地数量而非需要安置的农业人口计算安置补助费;夸大和缩小需要安置的农业人口数量.研究结论:提出了准确理解土地法关于安置补助费计算的方式,并给出了计算公式.

Errors in Calculating Compensation for Land Acquisition and its Corrections

The purpose of this paper is to explore correct calculation of compensation in land acquisition. Through case study, the authors pointed out three common mistakes in calculating compensation for land acquisition: 1) resettlement subsidy and compensation for land property rights are replaced by a comprehensive price which is supposed to cover all compensations for land stakeholders; 2)in calculations mentioned above, resettlement subsidies are actually calculated according to land size rather than the population need to be resettled; 3)and therefore,the agricultural population need to be resettled is exaggerated or reduced as a consequence. Based on the land administrative law, the authors finally put forth their ideas and formula for corrections.