根据我国现行《土地管理法》规定,农村和城郊的一切土地都属于国家所有和集体所有,允许广大农户在土地公有制的前提下拥有对土地的承包经营权、使用权。然而,由于各种操作和实践条件的限制,在我国大部分的农村(经济较发达除外)大多数的土地的实际控制权集中在少数人手里的,如村干部等基层干部。整个征收和出让实践中,从法律层面权力分配,到地方政府实际操作以及补偿金的发放,可以发现作为征收和出让实践中另一个主体——依靠土地谋求生存保障的农民──一直处于弱势地位。并且,没有话语权的农民群体往往权益被忽视、利益被侵吞。 According to China’s current Land Administration Law, all land in rural and suburban areas belongs to both state-owned and collective-owned land, allowing vast numbers of rural households to have the right to contractual management and use of land under the premise of public ownership of land. However, because of various operational and practical conditions, the actual control over the majority of land in most rural areas of our country (except the more developed economies) is concentrated in the hands of the few, such as grassroots cadres at the village level. Throughout the process of expropriation and transfer, from the legal level of power distribution to the actual operation of local governments and the payment of compensation, we can find that the other subject in the collection and transfer practice, namely, the peasants who depend on land for subsistence security, has been in a weak position . Moreover, the peasants who do not have the right to speak often lose their rights and interests and their interests are embezzled.