A Study On The Rights And Interests Protection Of The Lost-land Farmers

The land resource, the most valuable natural resources of humankind, is the material base of human being's existence and development. The lost-land farmers, a special group who lost their land on account of the development of urbanization, is an inevitable phenomena in the process of our country's modernization. To start from the land and land resources concept, this paper analyzes farmers' losing their land and lost-land farmers, pointing out that after losing their land, lost-land farmers' losing their rights, unemployment, having no medical care, losing places to stay and being unable to go to school will accompany, in essence, it is a damage to various rights and interests of them, however, behind farmers lost land, the engendering of a variety of the problems and the rights and interests accepting damage have no inevitable connection to the development of urbanization. As a result, this paper holds the point that the reasons why the rights and interests of lost-land farmers are accepting damage attributing to the defection of land property system in rural area, and unreasonable compensation for land requisition system. What is more, social security system is not complete. Thereby, faced with the cause of the existent problems produced by China's protection of the rights and interests of lost-land farmers, this paper brings forward an assumption on the measures to protect our country's lost-land farmers' rights and interests. Firstly, we must improve our rural land property rights system. This paper, holding the point that we should straighten out the status of rural land ownership and should make sure that its power is complete, definitely puts forward that groups of villagers should be the main body of the rural land ownership. Based on the ownership dualism, this paper also puts forward the improvement of contracted land management rights. Secondly, we should perfect China's land requisition system and establish reasonable compensation system. Holding that the market-oriented is the key to make fair and reasonable compensation for land requisition, this paper as well brings forward four compensation principles. That is, direct compensation and indirect compensation combining principle; lenient compensation and high compensation combining principle; monetary compensation and non-monetary compensation combining principle; land requisition compensation and benefit-sharing combining principle. Thirdly, we must perfect the social security of the lost-land farmers. This paper holds the point that China's government should systemically improve lost-land farmers' the minimum standard of living, old-aged, medical care, employment, training, almsgiving and other security projects, establishing social security fund of the farmers who lost their land. Fourthly, we must strengthen the building of the legal system to protect the rights and interests of farmers who lost their land. This paper advocates legislating and protecting the rights and interests of lost-land farmers as soon as possible. Cultural construction of the law will be carried out to protect the lost-land farmers' rights and interests from the scientifically constructing law system to protect the lost-land farmers, cultivating law awareness, technically optimizing the law, and the development of law doctrine these four aspects and others.