“乡镇共同体”中的强国家—强社会关系研究——以TY开发区为例

The Mode of Consultation between Strong State and Strong Society in“Township Community”——A Case Study of the TY Development Zone

“乡镇共同体”国家社会关系协商模式对良性国家社会关系建构具有重要意义,也是国家社会关系的重要构成与缩影。新型城镇化战略实施对征收农村集体土地提出需求,研究选取TY开发区为个案,采用国家社会关系理论视角,分析农村集体土地征收中基层政府对被征地农民开展的征地引导动员等工作;被征地农民针对土地征收所产生的经济补偿、养老保障、就业保障等问题开展日常参与、社会参与和非正式参与等协商行动;管委会依法对被征地农民开展房屋产权、个人行为以及职业行为等法治教育,管委会与被征地农民双方在“乡镇共同体”农村集体土地征收协商互动中实现土地征收增值收益共享、共赢。研究发现当前我国国家社会关系模式由“强国家—弱社会”走向“强国家—强社会”关系,研究还提出我国建构“强国家—强社会”国家社会关系模式的相关建议。

From the ancient Greek period to the modern times,the dividing line between political state and civil society gradually became prominent,resulting in the dualistic opposition between state and society,and the present trisection of state and society in foreign countries,that is,the relationship between state and society is divided into"civil society as a political state";meanwhile,after 1990s,the field of political science gradually distinguishes civil society from social economic field,forming a political state-economic system-a tripartite law of civil society.The study reviews the development of China’s state-society relations and the corresponding changing factors.Since the reform and opening up,China’s traditional state-society relations have been separated to a certain extent,accordingly,the theoretical circles have emerged the"Jungle"of state-society relations theories,such as"post-omnipotence","corporatism"and so on.The study also introduced the types of state-society relations,according to the comparison of state and social forces,the state-society relations can be divided into four types:"weak state-weak society","weak state-strong society","strong state-weak society",and"strong state-strong society".The consultation mode of"township community"on state-society relations is of great significance to the construction of benign state-society relations,and it is also an important composition and epitome of state-society relations.The consultation and interaction between grass-roots governments and farmers in rural collective land expropriation is an important field to study the state-society relationship,among which farmers’participation in land expropriation is a hot topic of academic research in recent years,and the research is mainly carried out from the three perspectives of the country,actors and society.Compared with farmers’participation,there are few government consultation related studies on land expropriation,mainly from the perspective of governance,and rarely use the national social relations theory to study the interactive consultation between the grass-roots government and farmers.The land expropriation case of TY development zone was selected to carry out the case study.TY development zone is a"complete spatial-temporal relationship network",and the development zone is the close connection point between grassroots governments and local society,and with local and central governments.In the expropriation of rural collective land by the management committee of the development zone,the logic of formulating the land expropriation,compensation and resettlement plan is mainly to abide by the relevant laws and systems of national land expropriation,and to properly take into account the interests of the farmers whose land has been expropriated.In the formulation of the land expropriation,compensation and resettlement plan,the management committee actively mobilized farmers to participate in the plan formulation,express their opinions and suggestions,but the results of farmers’participation were limited.The land expropriation and compensation plans such as"resettlement first before resettlement"and"farmers self-transition resettlement"formulated by the management committee hold different opinions,adopt"private discussion"and consultation with the help of village cadres.The management committee has simultaneously improved the working mechanism for land expropriation,implemented the"preferential incentive"system for compensation and resettlement,"helping the weak and the poor",and arranged village cadres and relevant government departments to carry out guidance and mobilization,so as to encourage farmers to accept land expropriation.The management committee also carries out the signing of the land expropriation agreement with the legal representative of the village committee of the expropriated village,and the implementation of the land expropriation procedure compensation agreement with the land expropriation rights,supplemented by the implementation of the formulation of the letter of commitment to ensure the implementation of the resettlement land.Farmers actively participate in various consultation actions in the management committee’s promotion of land expropriation.Land expropriated farmers find that their quality of life,social security and other rights and interests can not be fully and effectively guaranteed,with poor living conditions,insufficient funds to buy back resettlement houses and a long-term relocation time;lack of employment skills training,employment difficulties and lack of pension,education and other security systems;the implementation of resettlement sites is not timely and in place.Farmers participate in daily land acquisition consultation,including discussing the land acquisition of the management committee,delaying or refusing to negotiate and sign the land acquisition agreement with the management committee;carry out social participation and consultation,take advantage of the convenience and wide spread of the network to carry out online participation,and contact newspapers,television and other media to carry out media participation;judicial participation is an important means to solve disputes in a society ruled by law.Some land expropriated farmers even participate informally in land acquisition negotiations,such as individual work resistance and group work resistance.In this negotiation action of farmers’participation in land acquisition,the farmers and the management committee carry out consultation and interaction to express and safeguard the rights and interests of land acquisition.However,due to the low economic level and low cultural level,the effect of various land acquisition participation and negotiation activities carried out by the people in TY development zone is limited.Based on the mobilization and guidance of land expropriated farmers,combined with various governance problems in rural society and the actual situation of individual land expropriated farmers,the management committee implements legal education according to law,carries out consultation with land expropriated farmers,and promotes farmers to understand the legitimacy of land expropriation at the same time.In view of the problems that the houses of the households to be relocated are illegal buildings and do not hold property rights,the management committee shall carry out legal education on house property rights of the households to be relocated;carry out education on the rule of law in respect of the illegal acts of individual work obstruction or participation in group work obstruction by land requisitioned farmers,which cause the loss of the actual interests of the government or land developers;carry out legal education on individual professional behavior in view of the behavior of self-employed farmers who do not have corresponding professional qualifications or have nonstandard management,as well as the behavior of village cadres who have nonstandard or even illegal financial management in the village.All kinds of legal education implemented by the management committee in accordance with the law not only promoted the relevant land expropriated farmers to recognize and standardize their own behavior from a legal perspective,but also promoted farmers’understanding of the legitimacy of land expropriation,and accelerated the progress of signing land expropriation related agreements between farmers and the management committee.The case shows the interactive picture of state-society relations negotiation of"township community"implemented by China’s national society in the face of the major"process event"of urbanization and rural collective land expropriation in the transitional period.The state-society negotiation model of"township community"constructed by this picture is also the epitome of current relations between state and society in China,and it also reflects the government effectiveness of China’s transcendental power mechanism and the farmers’political rights of inclusive system.The government effectiveness of the transcendental power mechanism is embodied in that the grass-roots government not only integrates the"formal powers"such as the decisionmaking power of urbanization land expropriation,the formulation power and execution power of land expropriation compensation and resettlement system,but also grasps various"informal powers"of simple governance in the implementation of land expropriation compensation and resettlement system;the political rights of farmers in the inclusive system are reflected in the fact that farmers can carry out various negotiation and participation behaviors such as daily participation,social participation and informal participation,promote the continuous improvement and development of their political rights,and promote them to share the value-added benefits of rural collective land expropriation with the government,developers and other subjects.Therefore,the case study basically verified the conclusion of previous studies on China’s national social relations in the transition period,that is,China’s state-society relations in the transition period changed from"strong state-weak society"to"strong state-strong society".