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“农民被上楼”问题再次引起对宅基地征用问题的思考。本文从经济学、法学等角度思考宅基地征用现象,着重剖析分税制对征地问题的推动作用:分税制导致地方财政不足,最终导致的土地财政是政府征用宅基地的主要、直接推动力;征用宅基地蕴涵着一对显著的矛盾:公民私有财产权与公共利益之间的矛盾,解决这一冲突的关键是寻求一平衡点,既保护农民意愿又领导其行动,加强立法的严谨性使权力保护权利,合理补偿使权利支持权力。征用宅基地是可行的,但其前提是要有合理高效的配套措施,尊重生活的本质。
“Peasants being upstairs ” again caused the issue of homestead acquisition issues thinking. In this paper, we consider the phenomenon of house sites expropriation from the perspectives of economics and jurisprudence, and focus on the analysis of the role of the tax sharing system in the promotion of land expropriation: the tax-sharing system leads to the lack of local finance and ultimately the land finance is the main and direct driving force for government land expropriation; Contains a significant contradiction: the contradiction between the private property rights of the citizens and the public interest, and the key to resolving this conflict is to seek a balance between protecting the wishes of peasants and leading their actions, strengthening the rigor of legislation so that the power to protect the rights, Reasonable compensation to enable the right to support the power. The acquisition of housing sites is feasible, but the premise is to have a reasonable and efficient package of measures to respect the essence of life.