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为化解农地征收中国家与农民日益尖锐的冲突,应当在我国土地权利体系中引入农地发展权,并以此为基础全面检讨与完善农地征收立法。农地发展权应当归属于承包该土地的农民所有。基于农地发展权,农地征收目的应当限定为公益用途,并充分保障农民的知情权、参与权和救济权等程序性权利。农地征收补偿应当坚持全面补偿并兼顾生存权补偿原则,提高现行农地征收标准,增加对农地发展权的补偿。
In order to resolve the increasingly sharp conflict between land acquisition and peasants in China, we should introduce the right to development of land into the land rights system of our country and conduct a comprehensive review and perfection of the legislation for the collection of farmland. Land development rights should be attributed to the farmers who contracted the land. Based on the right to development of farmland, the purpose of expropriation of farmland should be limited to public welfare purposes and fully guarantee the procedural rights of farmers, such as the right to information, participation and relief. Compensation for acquisition of farmland should adhere to the principle of full compensation and give consideration to the principle of compensation for the right to subsistence so as to raise the current collection standards for farmland and increase the compensation for the right to development of farmland.