论城市外拓进程中土地增值的分配正义

Distribution Justice of Land Added Value in the Process of Urban Expansion

中国城乡二元经济体制导致城市经济发展繁荣、农村经济发展滞后以及城乡居民收入差距不断拉大,已成为不争的社会事实。国家大力推动城市化进程是保持中国经济持续发展和社会转型的现实需要,但在其制度的顶层设计中并未给予全社会群体以公平的利益分配,城市化发展的结果是以牺牲一部分人的利益换取另一部分人的收益。这一问题在城市外拓进程中政府征地行为中表现得尤为突出。政府通过土地管理法获得了农村土地市场的垄断权,而作为农村土地的所有者、承包者——农村集体组织及农民无权决定土地的用途,只能被动接受征地赔偿,享有极小的议价权利和土地增值收益。相比而言,政府以土地为资本和源泉赚取城市发展所需的成本和政绩,成为土地增值分配的主导者和最大受益者。该研究旨在分析土地利益博弈的现状和成因,并对目前围绕农村土地征收改革所提出的建议和措施进行反思和批判。

It is an unarguable fact that the urban-rural dual structure led to two different results. On the one hand, it had been playing a great role in the city development and prosperity, on the other hand, it had led the slow development of rural economy and the income gap between rural and urban area. The government makes efforts to promote the process of urbanization to maintain the sustained development of China＇ s e- conomy and economic transformation which are the two needs of the Chinese reality. But in the top-level design of the policy, the government did not give a fair profits distribution to all social groups. On the contrary, the resuh of urban development is based on the expense of a part of the people＇ s interests in exchange for the interests of another parts of the people, and especially on the government expropriation in the process of urban expansion. Under the Land Management Law of China, the government monopolized the expropriation right of the rural land, and the rural collectives and farmers as the land owner and constructors respectively have no rights to decide the land use purposes. In fact, they are forced to accept the land compensation, and because of the little bargaining rights, they gain a small part of the land added＇ value. Comparatively, the governments became the biggest beneficiary who made use of the land as a source and capital to earned the achievements in their official career and more money which is required by the urban development. The current situation of the distribution of the land added value, the reasons why the government strives for the land interests were analyzed, Last but not the lest, a proposal on distribution of land added value was reflected and criticized