土地征用中农民土地权益受损的制度分析

An Analysis of Farmer’s Rights and Interests Lost in Land Regnisition

我国土地征用中农民的土地权益受损,其根本原因是法律制度使国有土地所有权对集体土地所有权造成挤压和越位从而导致农民集体土地所有权权能残缺,另外,我国文化中有关土地征用制度的“公”“私”观念对农民土地权益的损失也有一定程度的影响。

Peasants suffer from losses of rights and interests during China＇s requisition for lands,the essential reasons for which fall into the following two aspects. One is ： the state ownership has prevailed over and even gone beyond the collective one by the law systems so as to make peasants＇ collective ownership of lands in complete. The other is： some formal or informal rules of relevant requisition for lands have some different affects on peasants＇ rights and interests of lands to a certain degree.