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农村土地征收纠纷的解决仍然要以现有法律资源为根本途径。而在现有法律规定的解决途径中,最适于解决农村土地征收纠纷的就是行政复议。但现行行政复议法所规定的行政复议却不被农民所看好,因为它所具有的缺陷使得它不能很好地维护农民的土地权益。这些缺陷是:对行政复议的定性错误,规定复议机关可以成为被告,复议机关的自由裁量权过大等。这些缺陷使得复议机关往往因为害怕成为被告而不敢撤销或变更土地征收决定,而作出维持土地征收决定的复议决定。克服这些缺陷的途径有,对现行行政复议法进行修改,或在土地管理法中对行政复议作出特别规定,使得复议机关在作出改变土地征收行为的复议决定,农民向法院起诉时,被告仍然是原决定征收的机关,而不会是复议机关。
The settlement of rural land acquisition disputes still need to use the existing legal resources as the fundamental way. In the current legal provisions of the settlement, the most suitable solution to the rural land acquisition dispute is the administrative review. However, the administrative reconsideration stipulated in the current administrative reconsideration law is not favored by the peasants because of its defects that make it unable to properly safeguard the peasants’ land rights and interests. These defects are: qualitative mistakes in administrative reconsideration, the provisions of the reconsideration authority can become the defendant, the review authority’s discretion and so on. These shortcomings have led the review body to make a decision of reconsideration on land acquisition decisions, often because they are afraid to become defendants and can not withdraw or change the land acquisition decision. Ways to overcome these deficiencies are to amend the current administrative review law or to make special provisions for administrative reconsideration in the Land Administration Law so that when the review authority makes a reconsideration decision to change the land acquisition and the farmer sues the court, the defendant remains The organ that originally decided to impose it would not be the reconsideration organ.