论我国土地征收的程序保障

On the Land Acquisition of the Procedural Safeguards

正当的土地征收程序能更好制约公权力,保护私权利,平衡二者之间的冲突。我国现行征地程序存在严重缺陷,不能充分发挥其保障作用,亟待完善。要充分发挥程序的保障作用,就必须立足于保护农民的知情权、参与权与权利救济,遵循正当程序相关规则,不断加以完善。

Legitimate land acquisition process can better restrict the public＇s power, protect private rights and balance the conflicts between them. China＇ s current land acquisition program has serious flaws and can not fully play its protection function, thus it needs improvement. To fully play the role of procedural safeguards, it must be based on the protection of the farmers＇ right to know,the right to participate and the fight to get relief,follow the rules of due process to make continous improvement.