博弈论视角下的征地实践:基于鄂中L村的考察

Practice of Land Requisition From Perspective of Game Theory:A Study Based on L Village in Middle Area of Hubei

基于对既有征地研究中政治抗争视角以及批判我国当前土地制度视角的反思,研究发现,需要将国家征地行为置于村庄之中,实现征地情境的还原,揭示征地本身的复杂性、所牵涉征地主体及其利益诉求的多样性,才能整体和客观理解征地纠纷和冲突产生的实质。通过对鄂中L村征地实践过程的详细展现和考察,发现征地纠纷主要是村庄内部各主体针对征地利益博弈的结果,与抗争政治视角中农民的利益或权利受损无关,也与当前我国土地制度(包括征地制度)所隐含的土地发展权国有的规定无关。村民在利益博弈过程中,因博弈能力的差异造成了村庄利益分配秩序的失衡,引发了村庄公共资源分配失序、村庄社会关系紧张、村庄历史遗留问题被激活等社会后果,侵蚀着村级组织的合法性。

Based on the reflection of the perspectives of political struggle and criticism of China＇s current land system in the existing researches of land requisition,the study found that the land acquisition act should be placed in village to restore the situation,to reveal the complexity of land acquisition and the diversity of the involved subjects and their interests in the land acquisition,and the essence of land disputes and conflicts can be understood comprehensively and objectively.Through the detailed presentation and investigation of the land acquisition process,the paper found that land disputes are mainly the results of the interest game among the subjects of the village in the land requisition.They have nothing to do with the farmers＇ interests and rights being suffered in the perspective of political struggle,and also have nothing to do with the provision of the state-owed land development right in China＇s current land system（including the land requisition system）.In the process of the interest game,the difference of game intelligence among villagers have caused the distribution order of village benefits imbalanced,triggered some social consequences,like that the distribution of village public resources is out of order,the social relationship becomes tense,and issues rooted in history are activated.Those all erode the legitimacy of village grass-roots organization.