Landless Peasants In China's Rights Theory Explanation And Countermeasures

With the development of social economy of our country, the process of urbanization and industrialization are speeding up day by day, it seems that it is necessary to expropriate much more lands to satisfy the need of social economy developing. However, during the process of land expropriating, a series of problems exposed unavoidably, which do harm to the diversified rights and interests of the peasants, the main performances are: (1) The peasants have suffered the lose of economy rights and interests; (2) the peasants have lost the compensation rights and interests which stick to the land; (3) labor employment rights and interests of the land-losing peasants are running off; (4) social ensure rights and interests of the land-losing peasants are also running off.In this research, the article utilized the Institutional economics, and "Sen's Exchange entitlement" theory and "Sen's Capabilities" theory, probed the causes that the rights and interests of the peasants suffered in the land expropriation. In one hand, according to the system of land property rights, the primary factors which harm the rights and interests of the peasants are that the owner of the property rights is not clear or the landholder is vacant, the content of the land contract is not clear, the deadline of the contract is unstable, which result in the loss of the rights and interests of peasants. In the other hand, considering the land compensation system of the land expropriation, the definition of the public purpose is vague, the legal provisions related to land expropriation to be mutually contradictory, the compensation standard dose not conform to the general legal principles, the content of compensation is not fully to make up the loses which the farmer suffered. Finally, according to theories of the peasants' rights and capabilities, the peasants' rights deprivation and capability weakness are caused by the activity of land expropriation, land-losing peasants' impoverishment root lies in the right impoverishment and insufficient ability of gaining resources. How do the peasants get rid of the impoverishment risk truly? The "Sen's Exchange entitlement" theory and "Sen's Capabilities" theory may give a better explanation. To analyzes the problems of the land-losing peasants with the Exchange entitlement and the Capabilities is a new angle of view, a series of social arrangements result in the lack of peasants' rights, and the lack of rights weakens the farmer' capabilities, which relatively cripples the ability to gain more resources, thus the problems of the land-losing peasants come into being. Therefore, this article, proposed the practical suggestions and the countermeasures about protecting land-losing peasants' rights and interests from the views of the land property reconstruction, the reform of the land expropriation system , the construction of peasants' social ensure system and so on. Meantime, this article pointed out that we should safeguard peasants' exchange entitlement and strengthen peasants' capabilities during the process of land expropriating, and government's policy choices and the institutional arrangements have a vital significance on ensuring the peasants exchange entitlement and capabilities.