被征地农民及其社会保障--文献评论与今后公共政策选择

Land-expropriated Peasants and Their Social Security:Literature Comments and Public Policy Choice in the Future

研究目的:通过文献评论为被征地农民及其社会保障提供公共政策选择的方向。研究方法:文献研究法、归纳分析法。研究结果:1978年中国农村土地家庭承包制改革以来,土地的社会保障功能使政府职能有机会从农村社会保障中退出,导致后来的立法和政策设计对农民应得的社会保障等社会权利的救济均附着在土地权利之上。研究结论:当前的问题在于没有区分农民的土地权利和社会权利,农民失地的同时也失去了附着于土地上的社会保障权利,造成农民保障生存安全、享受社会成果的权利与能力的缺失。

The purpose of this paper is to suggest a direction of public policy choice related to land-expropriated peasants and their social security through literature review. Methods of documentation and induction were employed. The results show that, since the reform of household land contracting system in rural area in China in 1978, the function of land in the social security offers a chance for the governmental functions to draw itself out from the responsibility for providing social security in rural area, resulting in that the security of the social rights provided in later legislation and policy design such as the social security the peasants deserve was attached to the land rights. It is concluded that the present problem lies on the confusion of the land rights and the social right of the peasants. Once peasants lose their lands, they simultaneously lose their rights on society security which is attached to the lands so as to result in the absences of rights and the abilities of peasants in securing living and enjoying social progress.