| Urbanization has led to massive expropriation of agricultural land in our country.Under this trend,peasants lost the land which is their life and live support,which is producing more and more land-lost peasants rapidly.In our country,the land expropriation system is imperfect,which lead to serious prejudice to the interests of peasants,which,as a result,lead to a lot of social disputes.So it is urgent to strengthen the protection mechanism of peasants' interest during the expropriation,and the authority has given high concern to this problem.As a province of relatively high percentage of minorities,Guizhou Province meets a more sensitive situation in this proceed,because of the nationality factors may be involved.As Guizhou Province is in a crucial period of economic and social development,how to feasibly protect the peasants' interests,as well as properly allocate the economic benefit amomg the participations is a big issue which could have massive impact to the social harmony,so,this is about the top priority of Guizhou's Development.There are specific connotation of expropriation and right and interests of land-lost peasants,which can be summarized as compulsorily,the transference of ownership,and the only legally authorized authority.The rightness of expropriation comes from the legal duty of real estate,which asks the owner of real estate transfer the ownership to government in case where the social welfare and be improved remarkably.The enforcement of expropriation should be restricted by its public purpose,due procedure and fair compensation.Property Right Theory,theory of human rights protection,and Marxist theory of land rent-these three theories provide theoretical foundation for the protection of land-lost peasants' interests.There are several interest parties involved in the process of expropriation,which including central government,local government,rural collective and peasant individually.These interest subjects stand for fierce interest conflicts which should be balanced and solved by sustainable development principle and fair principle.How about the basic situation of the land-lost peasants' interest protection in Guizhou Province?As we investigated the situation side by side,we found that the authority have made quite a few trials in the improvement of the practice institutions of expropriation compensation,settlement and procedure.However,the law-making work on the subject of expropriation is relatively left behind,and the protection system of land-lost peasants' interest still needs improvement,which can be summarized as the following issues-the abuse of power on the expropriation of the government,the lack of negotiation mechanism,the improper property right protection,and the shortage of long term protection.The reasons of the harm of land-lost peasants' right and interest in Guizhou Province can be summarized as the four aspects.Firstly,the imperfection legal system of expropriation is the direct reason.Specifically speaking,the range of expropriation is unclear,the procedural of expropriation is imperfect,the compensation system is unreasonable,and the legal remedy is insufficient.Secondly,the system deficiency of agrarian possession is the primary cause.The owner of rural collective land is the rural collective,which is an organization,and as a legal subject,the organization's power and functions is insufficient.What's more,it is.more insufficient of the members of the collective for their legal status in the running of the farm land.Thirdly,the incomplete financial system and the distorted official evaluation mechanism have played an important inducement.Fourthly,the lack of legal knowledge of the peasants and the incomplete legal aid system caused the result that the peasants were unable to protect their right and interest.The inspiration from the cities of Changsha and Shenzhen.Changsha Xianjia Lake's mode of "centralized settlement and integrated development "and Shenzhen's mode of "revenue sharing" are unique and efficient in the protection of land-lost peasants' right and interest.The two modes provided three tips of experience for Guizhou Province in the peasants' protection practice.Firstly,we can apply multiple ways of settlement and construct a fairly distribution system of the land increment income to construct a long term effective protection system of the land-lost peasants' right and interest.Secondly,renew the land supplement and using system,by permitting the reasonable range of trading and transference of building site to broaden the supplement of land,in this way we can reduce the demand for farm land.To summarize the tip above,the suggestion is to enhancing the efficiency of land using by reinvigorating the stock land.Thirdly,by developing collective community stock cooperation,we will be able to clear the ownership of collective assets,strengthen the peasants' ability of running the assets,as well as to protect the peasants' property right.The construction of systematic expropriation system of Guizhou Province.There are five aspects of work to do.Firstly,there should be a wisely chosen legislation mode,a reasonable standard for the definition of "public interests",as well as a proper procedural to define whether or not the destination meet the "public interests" Secondly,there should be a required beforehand bulletin procedural before the approval of the expropriation proposal.And there should be a required procedural which guarantee an equal negotiation.Together with the above tips and a well functioned bulletin and public hearing procedural,a fairly and justifiable expropriation procedural will be constructed.Thirdly,to construct a justifiable compensation and settlement system there should be a well constructed expropriation compensation system,a justifiable distribution practice of the settlement fund given to the rural collective,multiple ways of compensation and settlement planning,as well as an upper graded social security mechanism.Fourthly,there should be a well constructed internal and external supervision mechanism to complete the supervision of the expropriation procedural.Fifthly,there should be a defense right for the peasants,a withdraw practice as well as diversified dispute solution method to construct a comprehensive dispute settlement system.The improvement of expropriation supporting measures of Guizhou Province.Works should be done in the five aspects.Firstly,it should be through improving the organizational form of ownership of rural collective land,completing the exercising procedural of the ownership,and completing the content of the ownership for the reformation of the rural collective land's ownership system.Secondly,by reinvigorating the stock construction land,and pushing the market practice for rural collective's construction land,there may build a new market practice for the expropriation of farm land.Thirdly,works should be done to improve the government finance system and the official evaluation mechanism.Fourthly,works should be done to promote the peasants' ability to protect their legal rights by popularize of the basic legal principles and improving the legal aid system.Fifthly,the ethnic minority autonomous regions should construct inspection mechanism for the expropriation legislations. |
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