Investigation Of Protection Of Rights And Interests Of Farmers On Confiscated Land

Land has always been the basis for farmers to make a living, and the essential means of production and the most fundamental security for farmers during their material benefits, to pay respect to their living rights and their civil rights. Because the institution of land acquisition in China was set up in planned economy period, the problems are exposed in the process of the land expropriation. But at present, the system of land expropriation doesn't change when many conditions have been changed so that many farmers appeal to the highter authorities for help. The author brings five her opinions on how to consummate the legislation of our country on the basis of comparing the foreign land expropriation legal system.It is consist of six partsIn Charter 1 this is part which analysis the protection of rights and interests of farmer on confiscated land. Through describing the losing of rights and interests of farmer, we point out the importance and necessity of protection of rights and interests of farmer.In Charter 2 because of confusion of public interest, it result in eminent domain abuse. The author points out to consummate the system of our land expropriation through clearly definition of public interest.In Charter 3 because low standard and irrational distribution of compensation for land expropriation lead to infraction of rights and interest of farmers. And so it is very important to set up the system of fair and reasonable compensation for land expropriation.In Charter 4 through ana]ysis the flaw of social security, the author point out to consummate the institution of social security.In Charter 5 our system of land expropriation have the flaw of the process of land expropriation such as short of process of bulletin,unreasonable process of examination,unreasonable process of settling dispute,fault monitor,fault institution of arbitrament, so we need to set up canonical and reasonable process of land expropriation.In Charter 6 the peasant is an inferior group. In order to protect the peasant, we need to actively introduce commonweal lawsuit.In a word, this article consider that the institution of land expropriation doesn't well protect the rights and interest of farmer, so we need to introduce new measure to consummate the institution of land expropriation, in order to clean off obstacle for the land expropriation, to keep the society stable and united, and to improve the development of our economy., it have done great contribution for the economic development of China. This kind of institution don't meets the present requests any more. So the reform of land acquisition institution have been increased into schedule and become a hot issue in the scientific circles of land and in the land management educational domain.