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随着国有化和城镇化进程的加快,土地征收的现象在我国大量出现,这为改革开放之后中国经济的迅速发展起了巨大的推动作用,但是在现实的土地征收过程中,也存在着权力滥用、程序欠缺、补偿不合理、权利得不到有效保护等弊端,农民的利益在此过程中受到了极大的侵害,而按照目前我们法律的规定,对这类土地征收过程中的纠纷缺乏司法救济机制,很多受侵害的农民上告无门,只能通过上访和暴力或非暴力反抗来表达自己的声音,这无疑增加了社会的不安定因素。建立土地征收中的司法救济机制,成为现实迫切的需求。
With the acceleration of the process of nationalization and urbanization, the phenomenon of land expropriation has appeared in a large number in our country. This has played a huge role in promoting the rapid economic development in China after the reform and opening up. However, in the actual process of land expropriation, there is also power Abuses, lack of procedures, unreasonable compensation and effective protection of rights, peasants’ interests have been greatly infringed upon in the process. According to the provisions of our law, there is no dispute over the expropriation of such land The judicial relief mechanism, where many infringed peasants report their intentions and can only express their own voices through petitioners and violent or non-violent resistance, undoubtedly increases the social instability. Establishing the judicial relief mechanism in land expropriation has become an urgent need in reality.