On The Legal Protection Of Rights And Interests Of Farmers, Who Are Losing Their Land In The Urbanization Process

As China's accelerated urbanization process, a large number of farmers lost their land to survive, heir interests were badly damaged and have become vulnerable groups of society. They guarantee neither the land nor the urban social security, the compensation in the loss of access to land is limited to earn a living. This article from the farmers lost their land rights and interests of the missing start, analyze the underlying causes of the losing rights and interests. Under the system of China's urban-rural dual structure, the flaws of rural land system was the root causes of farmers lost their land rights and interests. Here, including the rural land property rights system and the land requisition system. The imperfect of existing compensation mechanisms of the interests and the social security system was an important reason leading to the loss of the rights and interests of farmers lost their land. Peasants did not get a fair and rational compensation in their Rights and interests damage, and have no way to really integrate into urban life. As a result, should from the law to protect the interests of the farmers lost their land. In addition to the formulation of the"Law on the Protection of the rights and interests of farmers lost their land", it is necessary to improve the existing system. The first is improving the rural land system of property rights, clearly defined property rights of rural land the main, sort out the relationship between responsibilities, rights, duties. Second, improve the land acquisition system for farmers, and the strict procedures for land acquisition. The third is to improve the compensation mechanism rights and interests of farmers lost their land, improve the land requisition compensation standards, the establishment of mechanisms for the distribution of benefits. Fourth, improve the social security system of the farmers lost their land, establish social security of government-led mechanism, including the minimum subsistence guarantee system, the basic old-age insurance system, medical insurance, education and job training system and so on.In this paper,in the course of the study led by theoretical analysis and practical support for the supplementary. Faced with the situation of losing the rights and interests of farmers lost their land , find a specific disease,And found cause and effect in our system-related defects and damage to the interests of farmers lost their land. Comparatively studied from the analysis of some representative foreign countries to protect the rights and interests of farmers lost their land and institutional measures to draw inspiration, combined with previous analysis of the logic of the relationship between the legal level, and then put forward a series of farmers lost their land to protect the rights and interests of the strategies and initiatives.