| Along with the economic development and urbanization, land acquisition shows an obvious upward trend, which will lead to a large number of landless farmers. Production of landless farmers is an inevitable social phenomenon in the process of urbanization which would not cause serious social problems. However, it will become an enormous obstacle to social stability and economic development if landless farmers could not be resettled properly and unable to obtain re-employment and other means of livelihood. Because of inadequate land legislation, unscientific land acquisition regulations and lack of supervision, ranges and standards of land compensation can not guarantee adequate compensation ensuring peasants'normal livelihood after they losing land, which will influence social stability and harmony. Base on landless farmers'actualities, it is of great significance to protect landless farmers'social security rights in allusion to lack protection of that.In the first part of the paper, I analyse actualities of the landless farmers'social security rights, describe the history of China's rural social security and analyze actualities of the landless farmers'social security rights combined with landless farmers'situation. In the second part, I analyse the legal reasons which cause loss of landless farmers'social security rights, from the aspects of the land system's shortage, land acquisition regulations, land acquisition procedures, land acquisition compensation standards, etc. In the third part, I propose a legal solution to reconstruct landless farmers'social security rights. First of all,I introduce the legislation of developed countries to protect peasants'social security rights, including the experience of the United States, Britain, Japan and other developed countries, and sum up their legislation characteristics. Then I analyse its enlightenment to china. Finally, based on our present situation, I propose the specific measures to reconstruct the landless farmers'social security rights from the aspects of reforming the legislation of land property rights, improving the land acquisition process, determining a reasonable land compensation standard, establishing social security funds for landless farmers, formulating law for landless farmers'social security rights.In the second part, I deeply anatomize rural land property rights system. Especially, I analyse the act stipulation about the conception of "rural collective economic organizations" and point out rights, responsibilities and interests of the subject, combined with actual results of current practice.Then we can find that rural collective economic organizations'legal status is clear but its reality status is fuzzy. In the third part, I study the relevant legislative experience of developed countries such as the United States, Britain and Japan in comparative research method, Summarize their legislative features to protect peasants'social security rights,then get its revelation to China, so as to provide reference significance for reconstruction of our landless farmers'social security rights. The two points above are the focus and successful highlights of the paper.It's a global problem to protect landless farmers'social security rights in urbanization. We are still in an exploratory stage on the issue. This paper takes the relavant land legislation as the breakthrough, and makes a preliminary study on protection of landless farmers'social security rights on legal perspective. Although I am not able systematically elaborate the framework of landless farmers'social security rights, I can give suggestions to establish and improve the system of landless farmers'social security. |
