农地过度征收及其制度约束

A Study on Excessive Levy of Farmland and Its Institutional Restriction

约束农地过度征收,需要以"征地制度化"为前提。通过做实农民集体土地权利、发挥各级人大常委会和人民法院的控制与监督作用,形成国家权力与公民权利之间的良性互动,从而有效地遏制农地征收权的滥用,并进而达到农地征收目的、前提与过程的正当性、合理性和公正性,赋予征地制度以权威和尊严。

＇ Institutionalized levy of farmland＇ should be the premise for the restriction of the ex- cessive levy of farmland. With the realization of farmers＇ collective rights of farmlands, and the control and supervision of all levels of People＇ s Congress and People＇ s Court put into effect, a positive interplay between the state power and citizen＇s rights can be achieved. As a result, the abuses of levy rights over farmlands can be effectively contained. In addition, the fairness, ratio- nality and righteousness of the purpose, premise and process of farmland levy can be guaranteed, endowing the institution of farmland levy with dignity and authority.