在农村土地纠纷的背后隐藏着一个深刻的宪政问题——国家权力与农民利益之间的动态博弈,由此导致政府立法与农民守法之间的矛盾。在还是以法律和政策的强制性管理为主的农村,农民虽然不懂政治,但却懂得争取最大化的利益,他们在表面上对政府权力妥协和服从的同时,其实会运用各种合法不合法的方式来抗争、谋利。为避免过分冲突导致的资源浪费,国家在立法上应赋予农民话语权,执法应符合程序法治,同时给农民提供更多的维权途径。 Behind the rural land disputes lie a profound constitutional issue: a dynamic game between state power and peasant interests, which leads to the contradiction between government legislation and peasant compliance. In the rural areas, which are still dominated by the mandatory management of laws and policies, peasants understand the political interests but seek to maximize their interests. While they ostensibly compromise and obey government power, they actually use a variety of legal means Legitimate ways to fight and profit. In order to avoid wasting resources caused by excessive conflicts, the state should give peasants the right to speak in legislation, law enforcement should comply with the procedural rule of law, and at the same time, provide peasants with more ways to safeguard their rights.