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随着城镇化和工业化的推进,对土地的需求量突飞猛进,因征收土地而引发的矛盾也越来越多。虽然,《国有土地上房屋征收与补偿条例》的出台有效地解决了城市房屋拆迁补偿问题,但是该条例对于矛盾更加突出的集体土地征收则显得无能为力。征收与补偿是一个问题的两个方面,在征收合法且已是事实的前提下,补偿在一定程度上是矛盾的根源,也是问题的焦点,有效的解决方式莫过于完善法制、健全机制以及认真对待权利,而其基础则是构建严密的补偿逻辑。
With the advancement of urbanization and industrialization, the demand for land has soared, and contradictions caused by the expropriation of land have also increased. Although the “State-owned Land Expropriation and Compensation Ordinance,” the promulgation of the effective solution to the problem of urban housing demolition compensation, but the regulations for more prominent collective land expropriation is powerless. Collection and compensation are two aspects of a problem. Under the premise of legal and factual acquisition, compensation is to a certain extent the source of the contradiction and also the focus of the issue. The effective solution is to improve the legal system, improve the mechanism and seriously The right to treat is based on a rigorous compensation logic.