完善我国土地征用制度的法律思考

当前,随着我国经济建设的发展和城市化进程的加快,对农村集体土地征用的规模越来越大,在征地过程中因征地补偿费争议使得被征地农民和地方政府之间产生了许多矛盾,此外,由于我国对失地农民在制度方面未能建立起完善的安置和社会保障措施,使得许多失地农民往往成为社会的边缘人,从而带来不少社会隐患。应通过在立法上严格界定“公共利益”的范围、将征地补偿原则由“适当补偿”改为“公平补偿”、完善征地程序、建立失地农民就业和生活的社会保障机制等方法解决现行土地征用制度存在的问题。

Legal Thought on Perfecting the System of Levying Ground of Our Country

Currently in our country with the development of economical construction and the acceleration of the process of city planning,the measurement of levying ground of village is becoming bigger and bigger.Large numbers of peasants have lost their ground,and they become fringed people who are short of aftercare and social security.Thus,it will bring lots of social hidden trouble.Furthermore,because of the disputation on compensation for levying ground,there have come into being much conflicts between peasants and government.The conflicts have already threaten local social stabilization and have made against the development of our society and economy.In this article,towards the issue about the system of levying ground,I put forward my own suggestion: on the legislation,we must strictly prescribe the scope of "public advantage" and regulate the measurement of levying ground;the principle of compensation for levying ground should be translated from "propriety compensation" to "fair compensation";perfecting the procedure of levying ground;establishing the mechanism of social security of employment and life for the peasants who have lost their ground.