On Protecting Peasants' Land Rights And Interests In The Process Of New Rural Construction In China

The New Rural Construction is the necessary procedure and the only way to solve "Three Rural" issues in China,the essence of which are building a new countryside and training new farmers.To adjust the use of rural land becomes inevitable,which will impact on the peasants' land rights and interests in the form of land expropriated or land transfer in the course of constructing the New Rural.Therefore,in the process of building the New Rural,more attention should be paid to protecting peasants' land rights and interests.The different laws such as the Constitution,the Real Right Law,the Land Administration Law,and the Rural Land Contract Law which protect the land rights and interests of farmers have some contradictions and conflicts among them that lead to a failure of protecting farmers' land rights and interests.At the same time,people's land rights and interests vary greatly.Farmers' land rights and interests in China's legal system are the right to build rural houses on collective land,the rights to have their contracted rural land,the right to be members of the rural collective organizations,the right to participate in the village affairs and the right to have relief from law,which results from many factors:such as the legal deficiencies,the uncertainties of rural land ownership,the lack of sound system of compensation for land expropriation,the improper functions of the township government and the village committees,the farmers' lack of awareness of laws and incomplete rural social security system.To solve these problems,six actions need to be taken:First,the legislation must be improved to secure the coherence between the different laws.Second,a complete and clear rural land ownership system should be established and companization may be a better method to deal with the problem.Third,the rural land must be expropriated with great caution to protect the interests of the related persons and the system of compensation for land expropriation should be improved on the following basis:sound expropriation procedures,unified standard and unified relief criteria. Fourth,the proper transfer of rural land contract must be strengthened in order to increase the land value.Fifth,the farmers' education should be put stress on to improve the rural cadres and the peasants' awareness of law. last,a system of social security in rural areas should be established and improved.