Study On The Guarantee Problem Of Land-Lost Farmers' Rights And Interests From Our Country's Land Expropriation System

The aim of expanding the scale of city, pushing forward a course of urbanization is to reduce gap fundamentally and remove binary structure between city and countryside, to improve social productive forces much better and people's living standard and quality of life unceasingly, boost social progress and developing at a quicker speed. Under our country's dual system between city and countryside, to the farmer, the land undertakes not only the functions of production and life but the function of social security. For the urbanized construction, the farmers have lost their lands they live on, so the government should put guaranteeing these farmers'rights and interest in the first place in the process of land expropriation. Most countries (areas) have established the land expropriation systems,which hold the important position in the land systems. our current land expropriation system origined from that of the planned economy time, has made great progress after revised successively, at present, our country has initially formed legal system framework of land expropriation ,taken "Constitution" as the foundation, centered about "Land management Law" and correlative rules , which guarantees the land to meet the need of social economic development. However, with many lands expropriated, many land-lost farmers not only lost their social security right with land, but couldn't enjoy the achievement that urbanization brings, as a result, they become the new social vulnerable group, whose existence and development are confronted with various crises, which causes a lot of problems. The problem of land-lost farmers has become a grave society political matter, if it can't get resolved practically, it will definitely affect national economic development and social stability.Standing on the situation of land-lost farmers, starting with carefully examining our country's current land expropriation system, the thesis gets the root causing the result by means of comparison, system, dialectics, and puts forward the mentality and corresponding countermeasures to solve this question, based on analyzing the successfully experience of domestic and foreign countries and areas in guaranteeing land-lost farmers'rights and interests. The purpose of studying is in the hope of giving some advice on guaranteeing land-lost farmers'rights and interests in our country fundamentally by analyzing the situation of land-lost farmers under our current land expropriation system. The thesis analyzes and studies on it from the following four parts.The first part elaborates the connotation and history of our country's land expropriation system. Generally speaking, land expropriation refers to administrative action, among which the government obtains other people's land ownership forcedly by utilizing the public authority and resting on the legal procedure for the need of public interest, and gives reasonable compensates. In our country, the land expropriation mainly refers to administrative action, among which the government obtains the countryside collective land ownership by utilizing the public authority and resting on the legal procedure for the need of common interests, and gives reasonable compensates, From that, we know the land expropriation has the following characteristics: specific expropriator—government, compulsory, common interest goal, valid procedure, reasonable compensates, the land ownership's variation, among which common interests goal, valid procedure, reasonable compensates are the three essential conditions of land expropriation, it is also the basis and boundary on which the government performs land expropriation power, our current land expropriation system origined from that of the planned economy time, has made great progress after revised successively, at present, our country has initially formed legal system framework of land expropriation, taken "Constitution" as the foundation, centered about "Land management Law" and correlative rules, which guarantees the land to meet the need of social economic development The second part summarizes the situation that the farmers have lost their rights and interests at present stage and analyzes the root of it. With massive lands expropriated,the rights and interests of many farmers have been lost, which are mainly shown in three aspects: the land property rights and interests are not integrant, the democratic rights and interests are unequal, the social security rights and interests are not sufficient. By analyzing present situation, starting with carefully examining our country's land expropriation system, the thesis gets the root causing this result. The basic reason lies in the defects of our country's current land expropriation system, mainly including laws and statutes being imperfect, the boundary of common benefit being unclear, compensation being low and the mechanism of it being unreasonable, procedure being short of legitimacy and supervising mechanism being imperfect. Our country's rural land property system are the main body of rural land property right being unclear, collective ownership powers and functions being incomplete, existing conflict between land proprietary right and land contract right, which can't protect farmers'rights and interests in the process of land expropriation, as a result, their rights and interests are encroached by government and collective economy organization. Under these systems, deviant power ideas, including the government lacks in protection consciousness of farmer's land property rights, abnormal achievements view and development view, cause the government's behavior was not standard in the practice of land expropriation, making land-lost farmers'suffering more serious hurt.The third part analyzes the experience how foreign countries and areas in our country solve the problem of land-lost farmers'rights and interests. Many developed countries met this problem in the process of land expropriation earlier than that in china, and solve it better by developing ceaselessly, the measures of which include fixing the boundary of common benefit rigidly, giving land-lost farmers impartial compensation on the basis of land's market price, having a set of strict procedure and comparatively perfect laws and statutes system, having set up the special land court, having founded comparatively perfect social security system. In the past few years, our country has accelerated reformation of land expropriation system, and got some beneficial experience, the representatives of which are "Nanhai pattern " with the characteristic of land joint stock partnership, "Jiaxing pattern "with the characteristic of exchanging land for social security, and "Wuhu pattern "with the characteristic of permitting rural land to enter market. Studying and analyzing it thoroughly will provide good experience for solving problems of rights and interests of land-lost farmers in land expropriation.The fourth part puts forward the mentality and corresponding countermeasures to solve this problem Based on analyzing the root why the farmers lost their rights and interests and studying the successful experience of domestic and foreign countries and areas in solving the problem above, the thesis puts forward the mentality and corresponding countermeasures to solve it in our country. Firstly, the government should change power ideas, setting up fair, responsibility and scientific development ideas. Secondly, the government should perfect rural land property system, making farmers become the real owner of rural collective land, including making main body of the collective land proprietary right clearly, perfecting collective proprietary right powers and functions, materializing land contract right. Thirdly, the government should reform our country's land expropriation system, making it more equal and reasonable in the system's arrangement and design, including fixing the boundary of common interest clearly, enhancing the level of land compensation and perfecting compensating mechanism, perfecting the law procedure of land expropriation. Fourthly, the government should perfect social security system of land-lost farmers, which not only can take off the anxiety, but make them get great progress, including building and perfecting the structure of social security, strengthening collecting, managing of social security bunds, perfect re-employment system.As the representative of common interests and common power, the government has the advantage in guaranteeing the rights and interests of land-lost farmers, on the other hand, as the rational"economic person", driven by the great interests of land, it is possible for government to abuse expropriation power, encroaching land-lost farmers'rights and interests. Only by being driven in and out, that is changing the power ideas and reforming some relative systems, can valid and continuous mechanism of guaranteeing land-lost farmers'rights and interests be built.