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我国城中村改造涉及的利益主体有政府、村民和开发商,其中,以政府和村民的权力和权利博弈最为突出。在围绕着征收补偿数额的整个博弈过程中,文章认为主要包括国家利益和个人利益的博弈、政府价格和村民价格的博弈。政府和村民的实际不合作关系,往往使城中村改造工作难以进行下去。文章从共赢的角度出发,提出了包括树立城中村改造的本位理念、重构城中村改造的基本原则、界定城中村改造的权利义务在内的对我国目前城中村改造工作的法律构想。
The main beneficiaries involved in the transformation of urban villages in our country are the government, villagers and developers. Among them, the game of power and rights between the government and the villagers is the most prominent. In the whole game around the amount of compensation, the article thinks that it mainly includes the game of national interest and personal interest, the game of government price and villager price. The actual non-cooperative relations between the government and the villagers often make the reconstruction of the villages in the cities difficult to carry forward. From the perspective of a win-win situation, the article proposes the legal conception of the reconstruction work of current villages in cities in our country, including the basic idea of setting up the transformation of urban villages, the basic principle of reconstructing the villages in urban areas and the rights and obligations of the transformation of urban villages.