Investigation To Rights And Interests Of Expropriated Peasants In Citilization Progression

With the development of social economy of my country, and the expedition of citilization & industrialization, it is necessary that a lot of agricultural land is expropriated by the state to satisfy the need of the development of social economy. However, in the course of the expropriation, a series of problems appeared, making all kinds of rights of expropriated peasants badly torted, which were manifested as follows:(l) the expropriating scope is too large, and abusing the right of land expropriation is universal; (2) the range of the compensation for land expropriation is incomprehensive, and the standard is low; the distribution of land increment returns is irrational, and the compensating returns obtained by peasants is lower; (3) effective institutional arrangements about the outlet of producing and living of the expropriated peasants are lacked, and the social security is more seriously on crisis.As to the causation, my paper starts with three aspects-the institution of land expropriation, the institution of property rights of agricultural land and the rights of the state, and dissertates the mechanism of the rights lost of expropriated peasants in the course of citilization. From the institution of land expropriation, the blurry bounds of public benefits, the standards of expropriating compensation disagreeing with average laws, and insufficient compensating contents are the causations that make the benefits of expropriated peasants lost. From the institution of property rights of agricultural land, the blur of the subjects of property rights or the lack of land owners, the insufficiency and ambiguity of contents of the operating rights of land contracts, and the instability of the contractual time limits of the access of agricultural lands are the causations that make the benefits of expropriated peasants lost. From rights of the state, my paper probes into the mechanism of the rights lost of expropriated peasants from macro and micro lays: on the macro lay, based on unique monopoly status of legal violence, the state dominates the transformation of the property- rights institution of agricultural lands, and the distribution pattern of the whole economical benefits of my country; on the micro lay, because of the lack of effective institutional inspiritment to them, for the sake of pursuing self benefits, the skeleton administrativeorganizations and agricultural collective economical organizations entrench the just benefits of peasants in the course of land expropriation, and make the benefits of expropriated peasants lost; morever, the embedment with the intention of "markup price to the public" also makes the benefits of expropriated peasants lost.As far as how to maintenate legal benefits of expropriated peasants, my paper thinks that in the course of citilization and industrialization, it is necessary to improve the living level of expropriated peasants, not make their living level decline on the lost of lands, give attention to efficiency and justice, and realize the plato improvement between social economical development of the state and the improvement of the living of expropriated peasants. Therefor, my paper provides advices and requests to maitenate the benefits of expropriated peasants from reconstructing of the property-rights institution of agricultural lands, reforming expropriating institution of agricultural lands, and building social-security institution of peasants ets..