边界冲突视域中农村征地冲突治理研究

发布时间：2018-02-03 18:55

本文关键词： 征地冲突边界变化边界冲突边界重置　出处：《江苏师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：始于二十世纪九十年代的农地产权制度改革和土地征收制度改革,对农民与政府两大土地征收主体产生了重要影响,并使中央政府、地方政府、农民之间的利益边界、权力和权利边界在制度变迁下发生显著变化。同时,在制度变迁影响下,作为征地冲突发生场域,国家对农村社会的控制由强变弱、基层政府转变为“悬浮型”政权,使得乡村场域呈现出正式治理与非正式治理并存、乡村权威多元化的新特点,并导致在这一特殊场域中进行博弈的各个群体之间行动边界交叠。边界变化背景下的边界冲突诱发了政府与农民、农民内部各群体之间多种形态的征地冲突,政府与农民之间的征地冲突形态主要包括围绕征地补偿款、土地增值收益等实体性利益的冲突,以及征地知情权、参与权等程序性利益的冲突;农民群体内部冲突形态主要是村集体与村成员就补偿款分配的冲突,被征地农民、未被征地农民、有成员权但无承包地农民间的冲突。边界冲突诱发的征地冲突一方面造成各种形态博弈的多发,另一方面透视出征地冲突的治理困境:利益边界模糊导致征地冲突化解基础薄弱、权力和权利边界冲突导致征地冲突易升级、行动边界交叠导致征地冲突暴力化。因此,要通过构建市场型征地制度、改革土地增值收益的分配方式,廓清各主体利益边界;加强征地立法建设、重塑农民和政府角色,使权力和权利边界清晰化;重构农民话语权、重塑征地程序、约束征地参与主体行为,实现征地博弈规范化。
[Abstract]:The reform of farmland property right system and land expropriation system, which began in 1990s, has had an important impact on the two main bodies of land expropriation, namely, farmers and the government, and has made the central government and local governments. At the same time, under the influence of institutional change, as the field of land expropriation conflict, the state control over the rural society has changed from strong to weak. The transformation of grass-roots government into "suspended" regime makes the rural field show the new characteristics of formal governance and informal governance, and the diversification of rural authority. And it leads to the overlapping of the action boundaries between the different groups in this special field. The border conflict under the background of the boundary change induces many kinds of land expropriation conflicts between the government and the farmers and among the groups within the farmers. The conflict forms of land expropriation between the government and farmers mainly include the conflicts of substantive interests, such as compensation for land requisition, land value-added income and so on, as well as the conflicts of procedural interests such as the right to know and participate in land requisition. The internal conflict form of the peasant group is mainly the conflict between the village collective and the members of the village on the distribution of compensation money, the peasants who have been expropriated, but the peasants who have not been expropriated. The conflicts between peasants with the right of membership but without contracted land. On the one hand, the conflicts of land expropriation caused by the border conflicts lead to various forms of game. On the other hand, it is difficult to deal with the conflict of land expropriation because of the ambiguity of interest boundary, and the conflict of power and right leads to the conflict of land expropriation easy to escalate. The overlapping of operational boundaries leads to the violent conflict of land expropriation. Therefore, it is necessary to reform the distribution mode of land value-added gains by constructing market-based land expropriation system so as to clarify the interests boundary of various subjects. Strengthen the construction of land expropriation legislation, reshape the role of farmers and government, and make the boundary of power and rights clear; Reconstruction of peasants' right to speak, remolding the procedure of land requisition, restricting the behavior of land requisition to participate in the main body, realizing the standardization of land expropriation game.
【学位授予单位】：江苏师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D422.6;F321.1

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