Study On The Protection Of Farmers’ Land Rights In The Process Of Farmland Expropriation

Land expropriation is the only way which must be passed to promote city process and expansion of city scale of our country at the present stage. Land expropriation involves different stakeholders, including state, collective, land acquisition units and farmers whose land has been expropriated, during the period land rights exchanged between these different stakeholders,the land rights can be emerged and no longer implicit or indistinct. With the increasing of urbanization ratio of China, there will be a huge number of rural lands to be expropriated by the government for a long period of time, and the number of farmers whose land has been acquisitioned will expand. Existing research shows that farmers’land rights and interests has been damaged seriously from the accelerated urbanization and industrialization in our country, in other words, farmland rights are protected inadequately. How to realize the farmers’land rights and interests of the reasonable sufficient protection in the future expropriation process is in urgent need of research issue.The paper based on studying the historical change of the protection of farmland rights and interests in the expropriation process, use property right theory\resource allocation theory\fairness and efficiency theory and public interest theory, collect data of Hunan Province, set up the benefit transfer model and use policy analysis tools, focus on the space and scope of rights for the farmland value of compensation, drows conclutions:farmland expropriation compensation project and categories can be extended to ecology\employment\pension compensation and other fields, farmland use conversion lead to great appreciation, farmers should participate in the distribution of land development benefits,etc. Through the game analysis betweem government and farmers, and study the negative impact of farmers’land right damage, drow lessons from foreign experiences, the paper come to the conclusion that need to continue to raise the compensation. Finally, explored the farmers’land rights protection from land expropriation phase extend to the citizenization stage, and implement " farmers’ land rights compensated by the civil rights" to develop and construct a new protection system of farmers’land rights.This paper consists of eight chapters as follows:The first chapter is an introduction, including research background and significance, literature review and brief review of the research at home and abroad, and the problem we will study mainly, introduces the research content, research route and method, the possible innovation and insufficiency.The second chapter introduces the basic theory related to agricultural land expropriation and protection of farmers’land rights, including the basic theory of property rights, land rights, land property rights system, institutional change, resource allocation, fairness and efficiency, the public interest theory and the collection of property etc.The third chapter, study history of the protection of farmers’land rights in land expropriation process, from the beginning to the formation and deepening, to clarify the history, analysis historical logic generate and develop by the problem of protecting farmers’ land rights. At the same time, analysis the main content, characteristics, difficulties and reasons of land expropriation and the protection of farmers’ land rights.The fourth chapter, use benefit transfer method, combined with the domestic and foreign research resulds and the data of Hunan Province to estimate the ecosystem service value, employment security value, and social security value. And then, calculate the loss of land rights and interests, discuss the compensate policy space of farmland value protection.The fifth chapter,discuss the compensation game between famers and local government in the process of land expropriation and the harmfull direct effect while lost protection of land benefit and right.The sixth chapter introduces foreign protection of farmers’rights in the process of land expropriation and its guide significance. Mainly analysis measures of protection of farmers’ rights in the process of land expropriation of the United States, Britain, Japan, France, Germany, Hungary, Russia and other countries. Based on the foreign experience, put forward several enlightenments of protection of fanners’rights in the process of land expropriation.The seventh chapter focuses on construction expansion and the implementation path of system of protection of farmers’ land rights in the process of land expropriation. Analysis the exsiting protection measures, including legal way, compensation way and resettlement way, then expect its possible results. At the same time, to explore the protection of farmers’ land rights in the process of land expropriation from the expropriation process extent to the process of farmer into the city. Analysis the disappearance of landless farmers’land rights then replace of the construction of the civil rights, to develop and construct the new system of protection of farmers1 land rights.The eighth chapter is the conclusion and prospect.