农村土地征收中的政府职能——以法治和服务为研究视角

On the Functions of Government in Rural Land Expropriation——From the Perspective of the Rule of Law and Service

西方国家经历了由专制政府向法治政府、全能型政府向服务型政府的转变。法治政府与服务型政府的确立使得西方政府转变了自身在土地流转中的职能。我国政府对农村集体所有的土地采取买进垄断与卖出垄断的双重垄断,政府既是土地交易的卖家,又是土地交易的买家,而农民却成为最大输家。这一现象源于政府对自身传统职能的守旧和职能定位的模糊。在农村土地征收中,政府职能应从经营创收向提供服务、从市场交易向市场监管转变,才能更大程度的保障农民合法权益。

Western countries witnessed the transformation from an authoritarian government to a government under the rule of law, from the all-government to a service-oriented government. The establishment of the rule of law, combined with the service orientation, enabled Western governments to shift their functions in the land transfer. The lands of collective ownership in rural areas are manipulated by the governments＇ buying monopoly and selling monopoly, which means that during the land transactions, the government is both the seller and buyer, and farmer is marginalized, only to become the biggest loser. This problem derives from the government＇s confusion on its function and orientation. Therefore, government should shift its function in rural land expropriation： from promoting income to providing services, and from participating market transactions to performing market supervision. Only in this way can the legitimate rights and interests of farmers be ensured.