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公务员考试申论范文赏析:改革征地制度应以民本为重

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发表于 2017-1-18 14:20:00 | 显示全部楼层 |阅读模式
【范文】
改革征地制度应以民本为重
 
由于片面追求经济发展,各地政府在大规模的“圈地运动”中高歌猛进,强行拆迁征地,粗暴执法;被征地者中频现“钉子户”,甚至以死阻拦;推土机的轮带下,碾碎了多少农民的血汗之本;更有不少失地农民陷入“种田无地、就业无岗、保障无份”的境地。一直以来,“中国式征地”导致官民冲突不断,血案、冤案等悲剧也是轮番上演。现行的土地制度已不能适应当前经济社会发展的需要,改革征地制度已成必然。在征地制度改革中,核心是利益分配。农民的利益能不能维护好,关系着民主法制、公平正义、构建和谐社会的实现。保证民本利益,是改革征地制度的首要前提。
保障民本利益,政府需转换执政理念。在不少强拆事件中,总能找到政府强权的身影。在宜黄强拆事件中,有官员大放厥词:没有强拆就没有中国的城市化。这种执政思维无视生命的尊严,也无视党“以人为本”的执政理念,是官员错误的“政绩观”在作祟。城市化本身没有错,可是,当贫困县的“新城”建设最终成为“烂尾楼”,当强拆引发的“人民内部矛盾”愈演愈烈,当良田被轰隆隆的推土机铲平,当无家可归、无业可做的农民在城市化浪潮中艰难生存,当医疗、教育、养老等问题让农民愁眉不展,有关部门应扪心自问,自己的职责在哪儿?政府应“为民谋利”,而不是“与民争地”,这就需要政府部门在征地过程中,不要越权、强权,更不要违法操作。
保障民本利益,政府还需保障农民长远生计。征地改革中,不仅要合理提高农民的土地补偿,还要建立农民生活长期保障机制,否则征地就变成“砸农民的饭碗”,使失地农民被农村和城市双双边缘化。相比城市居民,无论是在知识技能方面还是在社会保障方面,农民都是弱者。在激烈的求职竞争方面,失地农民没学历、缺技能,很难实现长久就业;在社会保障方面,失地农民欠缺相应的医疗、养老等保障,却面临城市生活的巨大压力。这就需要一方面改革补偿制度,大幅度提高农民在土地增值收益中的分配比例,保证其初始利益;另一方面还要完善社会保障制度,使失地农民在就业、医疗、养老、住房、教育等领域同享城市待遇,从根本上保障失地农民利益。
我国的城市化发展普遍出现“以城吃乡”现象,由于现行征地制度的各种弊端,农民无法公平分享土地资本化后的升值收益,从而引发大量的社会矛盾冲突,影响社会和谐。十八大报告明确提出“改革征地制度,提高农民在土地增值收益中的分配比例”,为保护农民利益指出了改革方向,也为改革征地制度拉开了帷幕。
【赏析】
一、立意结构
1.立意
总论点——保证民本利益,是改革征地制度的首要前提。
分论点——保障民本利益,政府需转换执政理念;保障民本利益,政府还需保障农民长远生计。
2.结构
解决问题型。文章第一段介绍了我国征地拆迁过程中的重要问题——农民的利益得不到保障,进而引出总论点:保证民本利益,是改革征地制度的首要前提。在论证总论点时,作者从政府的执政理念和执政手段两方面出发,为保障民本利益提出建议。结尾部分引用十八大报告,描绘出希望的蓝图。
二、知识储备
2012年11月28日,国务院常务会议通过《中华人民共和国土地管理法修正案(草案)》,草案规定,“征收农民集体所有的土地,应当依照合法、公正、公开的原则制定严格的程序,给予公平补偿”。具体的补偿标准主要参照《土地管理法》第四十七条。主要内容如下:
征收土地的,按照被征收土地的原用途给予补偿。
征收耕地的补偿费用包括土地补偿费、安置补助费以及地上附着物和青苗的补偿费。征收耕地的土地补偿费,为该耕地被征收前三年平均年产值的六至十倍。征收耕地的安置补助费,按照需要安置的农业人口数计算。需要安置的农业人口数,按照被征收的耕地数量除以征地前被征收单位平均每人占有耕地的数量计算。每一个需要安置的农业人口的安置补助费标准,为该耕地被征收前三年平均年产值的四至六倍。但是,每公顷被征收耕地的安置补助费,最高不得超过被征收前三年平均年产值的十五倍。
征收其他土地的土地补偿费和安置补助费标准,由省、自治区、直辖市参照征收耕地的土地补偿费和安置补助费的标准规定。
被征收土地上的附着物和青苗的补偿标准,由省、自治区、直辖市规定。
征收城市郊区的菜地,用地单位应当按照国家有关规定缴纳新菜地开发建设基金。
依照本条第二款的规定支付土地补偿费和安置补助费,尚不能使需要安置的农民保持原有生活水平的,经省、自治区、直辖市人民政府批准,可以增加安置补助费。但是,土地补偿费和安置补助费的总和不得超过土地被征收前三年平均年产值的三十倍。
国务院根据社会、经济发展水平,在特殊情况下,可以提高征收耕地的土地补偿费和安置补助费的标准。
三、精彩语句
1.政府应“为民谋利”,而不是“与民争地”。
2.十八大报告明确提出“改革征地制度,提高农民在土地增值收益中的分配比例”,为保护农民利益指出了改革方向,也为改革征地制度拉开了帷幕。
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