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土地征收是经济与社会发展过程中不可避免的现象。《宪法》第10条第3款规定:“国家为了公共利益的需要,可以依照法律规定对土地实行征收或者征用并给予补偿。”基于二元的土地所有权体系,我国的土地征收指国家对集体土地的征收,是发生在国家和集体之间的所有权转移。近些年来,土地征收引发的纠纷越来越突出,农民的抵触情绪越来越强烈,在有些地区已危及了社会的稳定。这种局面的形成,相当程度上须归咎于土地征收过程中对农民意见与权利的漠视。由此,土地征收中的公民参与已成为一个必须面对的问题。
Land expropriation is an inevitable phenomenon in the process of economic and social development. Article 10, paragraph 3, of the Constitution states: “For the sake of the public interest, the state may impose and requisition land in accordance with the law and give compensation.” Based on the dual system of land ownership, land expropriation in our country refers to the state The collection of collective land is the transfer of ownership that takes place between the state and the collective. In recent years, disputes over land expropriation have become more and more prominent. Peasants’ resistance has become more and more intense, and in some areas social stability has been endangered. The formation of this situation, to a certain extent, should be attributed to the disregard of farmers’ opinions and rights during the land acquisition. As a result, citizen participation in land expropriation has become a problem that must be faced.