论以公众参与为中心的土地征收协议程序建构

The Procedural Development of an Agreement for Land Expropriation Focusing on Public Participation

一些地方政府对被征地人参与权和主观意愿的漠视是目前我国征地冲突、暴力强拆等严峻社会问题频发的根源。当前我国土地征收制度中公众有效参与机制的缺失,导致程序正义与实体公正无法保障。文章认为,根植于现行制度,合理建构土地征收协议程序,充分尊重被征地人的知情权、参与权和主观意愿,不仅可以从源头上防治征地纠纷,提升征地行为的规范性、有效性和公信力,亦可促进土地增值收益分配的公平实现。

The purpose of this paper is to resolve the serious problems of land conflicts and violent demolition of houses through the procedural development of an agreement for land expropriation. The source of land conflicts refer to the indifference of the government towards the participation right and subjective will of landless persons. The absence of an effective public participation mechanism in Chinese current institutions of land expropriation results in both unguaranteed procedural and substantive justice. It is concluded that a reasonable institution of land expropriation agreements rooted in the current system should be established. When the institution is implemented, the right to know, right to participate and subjective will of the landless persons should be fully respected. In this way, land conflicts can be prevented and controlled at their roots, land expropriation will become more normalized, effective and credible, and the distribution of the value added to land will become equitable.