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《土地管理法》实施多年,其弊端已暴露无遗。一是征地范围过大,损害了农民土地权益。我国的征地制度是建立在城乡二元土地制度基础之上的:城市土地归国家所有,农村土地归集体所有,城市向外扩展必须占用农村的土地。本来根据《宪法》第10条,国家为了公共利益的需要方可依法征收和征用农村集体的土地,但事实上改革开放以来,地方政府无论是出于公共利益还是非公共利益的需要,只要涉及占用农村的土
The “Land Administration Law” for many years, its drawbacks have been exposed. First, the scope of land acquisition is too large, undermining the rights and interests of peasants’ land. The system of land requisition in our country is based on the dual urban-rural land system: the urban land belongs to the state, the rural land belongs to the collective, and the outward expansion of the city must occupy the rural land. Originally, according to Article 10 of the Constitution, the state only needs to requisition and requisition the rural collective land for the public interest according to law. However, since the reform and opening up, the local government, whether for public or non-public interest needs, Occupied rural soil