A Study On Legal Protection Of Farmers Participating In Urbanization

As the way to modernization, urbanization in China has become a national strategy.Modernization that the nation wants to take, of course, can't keep away from the development of countryside, agriculture and farmer which are known as "SAN NONG", and the urbanization has been brought up in China first in order to solve the "SAN NONG" problems.Over the past 30 years, China's urbanization has made remarkable achievements in urban construction and urban development, and has had a profound influence on Chinese society,which also triggered some social problems, however. The past urbanization hasn't been on the effective way to solve the "SAN NONG" problems as its original intention, on the contrary, it made "SAN NONG" problems intensify, and made the differences between town and country enlarge instead of shrinking. To eliminate this phenomenon and promote the "SAN NONG" developing in urbanization, people made many beneficial exploration from the perspective of different disciplines. The studies taken by legal scholars are focused on the specific system,including the land system, the household registration system and land acquisition system,etc..They mainly examine the defects of these systems in protecting farmers' rights in the view of urbanization, and then put forward the corresponding suggestions. Certainly, Such researches make for improving these systems, but can't really solve the problems because of lack of systemic and pertinence. The core of "SAN NONG" are the farmers, and the essence of urbanization is the redistribution of interests. So, in terms of legal perspective, the relationship between urbanization and the "SAN NONG", in fact, is the relationship in allocating interests of farmers in urbanizing. The issue of "SAN NONG" deteriorating in urbanizing is that the farmers' interests can't be fairly treated, therefore, in the relationship between urbanization and "SAN NONG", what really need to be resolved is how to promote the justice of the interests distribution between the farmers and the government. In order to realize fair distribution, the farmers should not only be treated as a distributor, more than be treated as the object of urbanizing or even than the carrier of benefits in the urbanization. The farmers should be participant in urbanizing, participating in all links of urbanizing, including urban planning, land collection, and the household registration transformation. These systems should be reformed and perfected in the perspective of farmers participation. This article consists of seven parts including introduction and conclusion.In the introduction part, the author introduce background and significance of this topic,review and evaluate the relating literatures, describe the train of this research, summarize the main content, and finally also reveal the innovation point of this study.The first chapter: " A legal interpretation of urbanization". Through the review on the history of China's urbanization, this chapter reveals the urbanization can be placed in the perspective of the legal analysis, which has been taken on the basic of the dual land system,binary household registration system, and the dual urban and rural Settings. thereon, the analysis has been carried out following the main body, behavior, rights and obligations which happened in urbanization. This part conclude that, in the perspective of the law, the virtual result of China's urbanization is to redistribute the interests between the government and the famer, which has been achieved with the will of the government, the main behavior including land planning, urban and rural planning and land acquisition, the transition of the landowners(from peasant collective to the state) and household register(from the farmers to citizens).The second chapter: "A study on the imbalance and its reason about interests distribution in the urbanization". This chapter first describe the current situation of the imbalance about interests distribution in our country's urbanization with empirical method. Then, at the point of legal constitution of urbanization, the author reveals that the causes of imbalance about interests distribution in urbanization lies in lack of farmers participation in urbanization. In the last of this chapter, the author demonstrates the legitimacy of the farmers participating in the urbanization, and draws the roughly outline of the concrete system with the economic law theory about limiting power and the theory about deliberative democracy and citizen participation.The third chapter: "farmers participating in urban planning". With combing the relationship between urban planning and urbanization, This chapter first points out that urban planning is not only the substantive beginning of urbanizing, and affects the urbanization itself, but also influences the development of rural society and farmers. On this basis, the author make a legal analysis about farmers participating in urban planning, and then builds running mechanisms offering to farmers participating in the urban planning, which include the starting mechanism of participating program, the interest expression and response mechanism of participation, and the relief mechanism to participate in.The fourth chapter: "to reform land collection system for farmers participating in urbanization". With combing the most basic legal problems of the current system of land collection, this chapter first pointed out that there are two core issues in the system of land collection, namely the confirmation of the public interests and compensation under collecting land. Around these two issues, the author make a historical review on our county's system of land collection, and reveals the four characteristics of the system. On this basis, a rethink about the system of land collection has been put forward in the view of urbanization, to reveal its shortage. The author hold that, on the one hand, existing system of land collection guarantees smoothly urbanizing, but on the other hand, has become the culprit and gunman who hurt interests of farmers during urbanizing. The reason is that, under the current system,restriction imposed on the power to collect land only comes from the public power itself, but not from the participation of farmers in land collection program. Therefore, the reform of the system should be further perfect the process of land collection, including charging the concept of current land collection system, promising farmers to participate in the land collection procedures, so that the government's power to collect land would be restricted and the situation which is bad for farmers in interests distribution could be better.The fifth chapter: "to reform household registration system for farmers participating in the urbanizing". By the understanding of the form and essence of China's household registration system, the author find that the binary household registration system is the institutional cause of the dual society structure in our country, and the dual land system is created for the binary household registration system. Therefore, the author further conclude that in our country's urbanization including land urbanizing and person urbanizing, land urbanizing should be disciplined by person urbanizing, and the main factors that affect person urbanizing is the interests adhering to the "HU KOU". In order to guarantee the farmers participating urbanization, household registration system should be reformed to give farmers free space in the choice of "HU KOU" by setting proper form of threshold of household registration,by cleaning, protecting and restricting essential interests adhering to "HU KOU".In the conclusion part, the author emphasis that system is important to guarantee farmers participating in urbanizing, but it is formulated and performed by the people, and is suitable for people. Therefore, it's not enough to promoting efficiency of farmers participation in urbanization with legal system which can only provide farmers to participate in the path of urbanization. That whether fair distribution can be realized by farmers' participation accordingto the system, ultimately depends on the effect of participation which relate with leader's concept about urbanization, the construction of farmer organization, and also with the quality of farmers when participating in urbanization.