农村法治的实践之困——对一起土地确权案的思考

Difficult implementation of the rule of law in the rural area of China:A case of land ownership

一起征拆补偿纠纷,历时近4年仍未解决!经过当事人协商、基层组织调解、行政确权、行政复议、诉讼多种权利救济路径,但都无一能平衡解决纠纷各方诉求。见微知著,案件的困境实质也是农村法治实践之困:法规的滞后、执法的粗放、法制意识的薄弱等等,需要完善涉农法规,强化条款实效;提升公务人员法制素养,减少违法疏漏;加大执法力度,树立法制权威;强化农村普法,修正信访不信法。

A dispute over the compensation for land acquisition in China has not been solved for almost 4 years. It has been through all the following rights-based approaches,such as negotiation,mediation by grass-roots organizations,administrative confirmation,administrative review and lawsuit,but none of them could balance the appeal for both parties. A straw shows which way the wind blows;this case actually reveals the difficulties of the rural legalization process. For example,inefficient laws and regulations,rough law enforcement,weak legal consciousness,etc. Therefore,it is necessary to improve the agricultural laws and regulations,strengthen the effectiveness of legal clauses,improve the quality of legal services of the public servants,and reduce the illegal practices. It is also a must to strengthen the local law enforcement,establish the legal authority,popularize legal knowledge in the rural area,and take legal actions rather than complaint letters.