Legal Research For The Placement And Protection Of Land-lost Farmers

Due to land expropriation, farmers having no land have undoubtedly become the focus of people in every walk of life on the background of constructing a "harmonious society" and "new socialist rural areas."The first part of the paper defines the concept of land-lost farmers from the point view of law. As one part of feeble group, such kind of refers to special legal subjects who have lost their property rights, the basic livelihood guarantee rights, employment rights and other rights associated with land.The second part concerns the detailed explanation by adopting the empirical analysis methods on the current situation and problems encountered by peasants in Gansu Province that is taken as the typical representative of the less-developed areas.The third part of the article analyses the factors which hinders the process of transforming peasants to city people and noted some main measures, such as improving overall quality of the workforce, accelerating the elimination of employment discrimination on no -land farmers, creating social guarantee system for them, exerting the government functions and changing the role and style of the community management. The question of how to make the placement and protection effectively is an issue of importance.The fourth part points out that the work of replacing farmers should be guided by two important principles, i.e. sustainable livelihoods and people-oriented principle, and should be accompanied by other diversified policies such as monetary, remaining land, re-employment, and joint-stock enterprise policies based on the local factual situation,The last part regards that the social guarantee system also contains other integral components for lost-land farmers, such as basic livelihood guarantee, pension guarantee system, medical support system, legal aid mechanisms, training and social services.