农村征地拆迁法律制度缺陷及健全对策

Measures to Improve the Legal System for Land Acquisition and Residential Resettlement in Rural Areas

我国农村征地拆迁法律制度很不完善,目前还没有一部统一的基本法对其进行全面系统的规范,有关农村征地拆迁的法律制度只是散见于《宪法》《物权法》《土地管理法》等立法中。征收前提公益目的泛化,征地利益分配不合理,征地程序缺乏严格的农民参与机制,争议裁决及救济机制不合理。因此,应尽快制定城乡统一的征地拆迁补偿基本法,立法中应界定公益目的内涵及外延,公平确定征地利益分配标准,通过完善行政救济机制和建构司法救济机制化解农村土地征收过程中引发的矛盾及争议。

In China,the relevant legal system concerning land acquisition and residential resettlement in rural areas is very imperfect. Until now,there is not a unified basic law to standardize this issue in a comprehensive and systematic manner;related regulations are only separately included in the'Constitution'、the'Property Law',and the'Law of Land Administration'. The gener1 al definition of acquisition's public benefit purpose,unreasonable interest allocation,acquisition process without strict mechanism of farmers' participation,and irrational mechanisms of dispute adjudication and relief,all these problems need to be resolved. Therefore,to defuse contradictions and disputes that arise during the process of land acquisition,a basic law must be made as soon as possible that unifies land acquisition and residential resettlement compensations for both urban and rural areas. The legislation should also clearly define both the intension and extension of'purpose for public benefit',fairly set standards for interest allocation,improve administrative relief mechanism,and establish judicial relief mechanism.