On Perfecting The Safeguard Of Landless-farmers' Right In Law

In the process of national economic construction and the development of the society, landless-farmers are those whose farmlands are claimed by urbanization and industrialization. The appearance of the landless- farmers is considered to be a normal social phenomenon for the city's urbanization. In recent years, the land acquisition system lags behind, and some problems caused by land acquisition are not effectively solved. That is, farmers are usually under-compensated;relocation programmes for farmers are insufficient;the rate of the employment of landless-farmers is low;and their social rights are failure to protect. All problems makes numerous farmers lose land to farm, or become surplus labor and marginalized in the social security system. Since their legal rights are invaded, there have been incidents of farmer unrest which affect the development of the national economy, and are a major source of social instability. Therefore, basing on the phenomenon of landless farmers, it is necessary to aim at the existing legislation defects in land acquisition, and to reform the land acquisition system, build a social security system embracing all walks of life and sectors.The first part rationally sets out to analyze the definition of land-lost farmers and their legal characteristics. It stresses, in the process of urbanization and industrialization, numerous farmers not only loss their land, but also fail to enjoy the rights of the minimum standard of living, the employment rights, the property rights, as well as other related rights. They are forced to become marginalized, neither a farmer nor a citizen, and their legal rights are failure to protect.The second part presents the phenomenon that landless farmers' legal rights are invaded, and focuses on the causes. It points out the untransparent collective land estate causes farmers, in the process of land acquisition, to be in a passive position, and their basic rights are failure to protect. As the result of the reckless use of land for non-agricultural purposes and infinite expansion of the public interest, land is wasted, and the power of land acquisition abuses. Compensation plugs into a state of chaotic allocation and operation. Farmers fail to enjoy democratic rights to maintain their interests. Relocation programmes for farmers are too insufficient, additionally bearingfew legal regulations on safeguarding the social security of landless farmers. They can not sustain farmers' life for a long time. All above stems from the unsound land acquisition system.The third part focuses on the causes of the landless-farmers' issue, and points out step up reform the land estate, entitling an important role to the rural collective land estate, and meanwhile, empowering farmers the rights in occupation, land-use, profit, handling, and transferring. As for the purposes of land-expropriation, the public interest should be clarified clearly. And land acquisition system is implemented in two purposes: land taken for the public purposes and for the "market mechanisms". Using the practical experience of the western developed country for reference, also taking account on China reality, build a scientific rational mechanism for compensating farmers in various aspects. Improve the land acquisition process to make it "open and fair", in which farmers enjoy the full right to know. Build a sound social security system for landless fanners. According to "the three" principal referring to state, collective, and individual, establish a fund for farmers' social security and make efforts to effectively operate and supervise it. Furthermore, according to uneven level of the development of local economy, basing on a principal of "sound social security satisfy the loss of farmland", to gradually establish the minimum standard of living for landless farmers, the pension scheme, the medical care scheme, vocational training, and law-aid system, and to guide the landless farmers come into an orbit of the rural-urban-integration. All above aim to firmly safeguard landless-farmers' right in law aspect, bearing on efforts to a shift from a farmer to a citizen.