程序性权利保障对被征地农民可行能力的影响机制研究——基于森的可行能力理论

Study on the Influence Mechanism of Procedural Rights Protection on the Feasible Ability of Farmers Whose Land Has Been Expropriated--Based on Sen’s Feasible Ability Theory

本文的研究目的是基于森的理论框架,探究征地过程中程序性权利是否以及如何提升农民的可行能力,以有效保障其自身权益,从而为征地程序的规范和改革问题提供深入的理论参考。研究结果表明,程序性权利保障有助于提高农户的可行能力,其中,知情权、表达权和监督权对可行能力的影响较为显著,参与权没有通过显著性检验,但其改善有助于提升农民的可行能力。家庭年收入和学历也对农户的可行能力产生了正的影响,但家庭成员中是否有村干部没有通过显著性检验,地域差异与可行能力呈负相关。本文的研究结论为程序性权利的保障通过增加农民对征地过程的有效参与、提升表达沟通能力、规范权力运行进而提升了农户争取自身权益的综合能力。因此,应当通过规范征地程序来保障农民程序性权利,同时不断提升农民综合素养。

The purpose of this research is to explore whether and how to improve the farmers’feasible ability in the process of land acquisition,which based on Sen’s theoretical framework.So as to effectively protect their own rights and provide an in-depth theoretical reference for the standardization and reform of land acquisition procedures.The results indicate that procedural rights guarantee can help improve farmers’feasible ability.Among them,the right to know,the right to express and the right to supervise have a significant impact on the feasible ability.The right to participate has not passed the significance test,but it can promote the feasible ability of farmers if it gets improvement.Household annual income and education background also had a positive impact on the feasible ability of farmers.However,whether there were village cadres among family members failed the significance test,and regional differences were negatively correlated with the feasible ability.It is concluded that the protection of procedural rights enhances the comprehensive ability of farmers to fight for their own rights and interests by increasing their effective participation in the process of land acquisition,improving their ability of expression and communication,and standardizing the exercise of power.Therefore,we should standardize the procedures of land acquisition and improve the quality of farmers themselves.