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基于对既有征地研究中政治抗争视角以及批判我国当前土地制度视角的反思,研究发现,需要将国家征地行为置于村庄之中,实现征地情境的还原,揭示征地本身的复杂性、所牵涉征地主体及其利益诉求的多样性,才能整体和客观理解征地纠纷和冲突产生的实质。通过对鄂中L村征地实践过程的详细展现和考察,发现征地纠纷主要是村庄内部各主体针对征地利益博弈的结果,与抗争政治视角中农民的利益或权利受损无关,也与当前我国土地制度(包括征地制度)所隐含的土地发展权国有的规定无关。村民在利益博弈过程中,因博弈能力的差异造成了村庄利益分配秩序的失衡,引发了村庄公共资源分配失序、村庄社会关系紧张、村庄历史遗留问题被激活等社会后果,侵蚀着村级组织的合法性。
Based on the reflection of the political struggle in the existing land requisition research and the critique of the current perspective of the land system in our country, the study finds that it is necessary to place the state land requisition in the villages, to restore the land requisition situation, reveal the complexity of land requisition, The diversity of subjects and their interest demands can understand the essence of land acquisition disputes and conflicts in a holistic and objective way. Through the detailed demonstration and investigation of the land acquisition in L village in Hubei province, it is found that the land acquisition dispute is mainly caused by the game of interests among landlords within each village, which is not related to the loss of peasants’ interests or rights in the political protest perspective. System (including land acquisition system) has nothing to do with the provisions of the state-owned land development rights. Villagers in the process of interest game, due to differences in the ability to play the game caused by the imbalance in the distribution of village interests, causing the village public resource allocation disorder, village social tensions, the history of the village was activated and other social consequences, erosion of village-level organizations legality.