On The Law Protection To Peasant In The Circulation Of Land

The land is farmer's lifeblood, bearing element of production and the social security. Since New China was founded, our country has promulgated and implemented a series of laws and regulations, and the farmer's land rights have protected better than before. Along with the economic development and the quickened step of the rural marketability, the rural land circulation will become an inevitable trend. In the process of the rural land circulation, the peasant rights are often violated from the other interest groups because it is low that the farmer locates the social position and the economic status, and it is weak that the farmer protects his own right consciousness. And the phenomena of damaged farmer's rights often occur. Because of insufficient protection, many social contradictions and the questions have been initiated, and mainly show: affecting the healthy development of the market economy, harming farmer's long-term livelihood, massively breaking the law, and affecting the social stability, and so on. Therefore, it is very important that the farmer rights are protected. It is helpful to solve three agriculture (countryside, agriculture, farmer) the questions, to enhance farmer's organization degree, to advance the city and countryside overall plan development, and to raise ,the government's administration level in accordance with law. The reason for the farmer to damage his rights is various. The author thinks: firstly, there is the dual economic structure between city and countryside. Secondly, the policy has deviation and the law protection is insufficient. For example: the land property right and the use right are insufficient, the farmer's organization degree is low, its operational mechanism is not perfect. They cause to the strength with difficulty in the practical life. When they have the interest conflicts with other interest groups, the population multitudinous farmers instead become a weak side, and they are at the disadvantageous positions frequently. Thirdly, the government function dislocates. In abnormal achievements view about and under the benefit of actuation, all levels of governments involve the economic activity and their enthusiasm is very high, and they turn the economic man. Fourth, at present the land collection system flaws, for example, the collection procedure is unreasonable, the compensation standard is low, and the relief methods flaw and so on.The work of the land circulation affects broad areas, involving many benefit groups, and relating the rural economy development and the social stability. They need to be carried on through the form of law and regulation, in order to make the connected all quarters rights and responsibilities clear, and balance connected all quarters benefit relations, especially maintain the farmer rights in the weak trend. Through enforcement by law, the farmer's protection will be Integrated the institution, the government by law track. It is on the aspects of legislation, law enforcement and legal supervision and so on that we strengthen the protection for the farmer. The status of the low national treatment will be gradually changed, and the differences between town and country will be gradually eliminated.