城市化中农地征用制度的残缺与创新研究

农地征用问题已经成为影响农村社会稳定和城市化进程的首要问题,成为农民维权抗争活动的焦点。农地征用制度的残缺成为妨碍失地农民顺利城市化的关键因素。要改革并完善当前的农地征用制度,分类界定农地征用范围,确立国有土地和集体土地所有权法律地位平等,重构农村土地产权关系,确定土地承包经营权为物权,科学合理论证农地征用补偿标准以及采取多渠道安置办法,并完善司法救济手段。

Deformity of Chinese Rural Land Expropriation System and Its Innovation in the Process of Urbanization

Rural land expropriation system has become the first problem that influences rural social stabilization and the process of urbanization,and also has become a focus of farmers' action in protection and fight for their rights.The deformity of rural land expropriation system has become a key factor that prevents farmers' successful transformation into citizens.We should innovate and perfect the rural land expropriation system,classify and delimit the ranges of rural land expropriation,establish the equality of law status between collective land property and national land property,reestablish the property rights of rural land,change contract management rights of rural land into substantial rights,demonstrate scientific and reasonable compensation standard of rural land,take various arrangements and perfect the means of judicial relief.