通过对北方J省S村的实地考察发现1,农地征用过程中农民与政府冲突背后的根源是权利配置的不合理,造成被动出让土地的农民为争利而“闹事”不断,政府“维稳”打压致冲突连连。要从根本上解决不断升级的冲突,需要在制度层面上优化权利配置。经考察,西方衡量征地制度是否合理的两项前提:土地私有产权与征地公益要件制度,并不适宜解决当前中国的征地冲突问题。所以,优化权利配置,一定要摆脱抽象的西方权利观,以法社会学的视角契合乡村具体的政治社会环境。首先,应该确立征地补偿标准的合法性;其次,建立有效土地管理权力的监督和处理机制;最后,待时机成熟,逐步明晰土地产权制度。 Through the field investigation of S village in the northern J Province, we found that the root cause behind the conflict between peasants and the government in the process of farmland acquisition is the irrational allocation of rights, resulting in the passive transfer of farmers’ land for the sake of profit while the government “Stability maintenance ” suppressed the conflict repeatedly. To fundamentally solve the escalating conflict, we need to optimize the allocation of rights at the institutional level. After investigation, the West two measures to determine whether the land requisition system is reasonable: the private ownership of land and requisition of public welfare elements of the system is not appropriate to solve the current land requisition conflicts in China. Therefore, to optimize the allocation of rights, we must get rid of the abstract view of the Western rights. According to the perspective of sociology of law, the specific political and social environment in the country should be fit. First of all, the legitimacy of compensation standards for land expropriation should be established. Secondly, the supervision and handling mechanism of effective land management authority should be established. Finally, when the time is ripe, the land ownership system will be gradually clarified.