城镇化进程中失地农民权利保障的困境与化解

Dilemmas and Solutions of the Land-lost Farmers' Rights Protection in the Process of Urbanization

在城镇化进程中,大量农民因土地被征用而成为无土地、无工作、无保障的失地农民。由于城乡二元结构的身份隔离、土地产权制度不合理、政府缺乏科学的城镇化管理理念以及失地农民维权能力弱小等原因,失地农民面临着土地财产权利受到削弱、政治参与权利被虚置、社会保障权利受到不公平对待、文化教育权利受限制等权利保障困境。在城镇化进程中保障失地农民的合法权利,必须要破除城乡二元体制,转变政府主导城镇化的理念和方式,建立失地农民土地收益分享机制,促进失地农民向城市市民转变。

In the process of urbanization, a large number of farmers become landless, jobless and welfareless because of land requisition. Due to the difference in welfare between urban and rural areas, the unfair land property system, the deficiency of government management, and helplessness in the protection of land-lost farmers＇ right, etc., there are predicaments in front of land-lost farmers, such as their weakened rights in the land property, the absence of their political rights,the unfair situation in the welfare system, their limited rights in education. In order to protect the legal rights of land-lost farmers in the process of urbanization, the difference in welfare between urban and rural areas has to be taken care of, and the way to urbanization must be changed. On the other hand, how to benefit from the land requisition and transit to citizens are both extremely essential to land-lost farmers.