Is the state’s land acquisition compensation or compensation?

Introduction: National land expropriation is compensation. Because land expropriation is a measure taken by our national government for the needs of social and public interests, appropriate compensation should be given based on the principle of fairness, but the compensation must take into account the interests of both parties. The balance of interests must be reasonable. Regarding the question of whether the state’s land expropriation is compensation or compensation, let’s take a look at it with the editor of the Legal Savior Network. I hope to be helpful.

1. Is state land acquisition compensation or compensation?

1. State land acquisition It is compensation. Compensation for land acquisition and compensation are different. The legal meanings of the two are different. Compensation means that the indemnifying party has a legal fault, such as infringement or breach of contract, and needs to bear the legal consequences of compensating the other party for all losses, including mental compensation. Compensation means that the indemnifying party has no legal fault and is just because it is legal. If a legal act has caused harm to the legitimate interests of the other party, compensation should be given based on the principle of fairness, and the balance of the interests of both parties must be considered when making compensation, and reasonableness is necessary.

2. Compensation is supplementary, while compensation is punitive. The compensation must be less than the compensation amount of the corresponding subject matter. Compensation requires certain punishment for the perpetrator's behavior. Compensation only compensates for the losses caused by the perpetrator to the other party and is not punitive.

2. What is the national compensation standard for land acquisition?

1. The specific standards and amounts of various land acquisition compensation fees shall be stipulated in the land acquisition compensation and resettlement plan approved by the municipal and county governments in accordance with the law.

2. Based on the annual statistical report of the most basic unit approved by the local statistics department and the unit price approved by the price department.

3. If the land compensation fees and resettlement subsidies paid according to regulations cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies can be increased. The original land management regulations that the total of land compensation and resettlement subsidies should not exceed 30 times the average annual output value of the three years before the land was expropriated has been deleted.

4. National land expropriation compensation standards. For the government to expropriate farmers' land, there should be legal items. In accordance with legal procedures, reasonable compensation should be given to the expropriated people. Compensation should be paid first.Any collection behavior that violates the above basic principles will be illegal collection. The expropriated persons may refuse to sign the land acquisition compensation and resettlement agreement and fight for their legal rights by applying for information disclosure, filing administrative reconsideration, administrative litigation, etc.

In our real life, the state’s expropriation of land requires certain compensation, but we need to remind everyone that what is done here is based on reasonable Consider a compensatory measure rather than compensation, which is punitive in nature. After all, the people's government takes expropriation measures not for its own interests, but for the public interests of society.

[Warm Tips]The current reply is a reference answer for most situations. If your legal problem cannot be solved, it is recommended to consult directly. Lawyers, quick response in 5 minutes, higher problem resolution rate.