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Landless Peasants' Rights, Legal Protection

Posted on:2008-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2206360215460182Subject:Law
Abstract/Summary:PDF Full Text Request
The way our country settle traditionaly question of the farmer losing land has a direct bearing on the planned economic structures.The state give appropriate compensation to the farmers and transform the farmers losing land to citizens and arrange their work after having taken over for use their land,thus long-term life of the peasants losing land may basically receive assurance,the question of the rights and interests lose isn't conspicuous.To bring sccio-economy into the orbit of high -speed development follow the progressive deep of reformation and opening to the outside world,a series of system reformation in politics and economy.The government strengthen cinstantly input in capital construction project,the scope of taking over for use land strengthen propressively,the numbers of the farmers losing land increase quickly,ability falling short of the government's wishes obviously by past fashion of arrangements.the question has obvious show about the peasants losing land's compensation and obtain employment and guarantee,etc.Many-sided the rights and interests in economy compensation and arrange to get a job and set up the house and socio-guarantee and so on about the peasants losing land oftenvarying degrees be infringed. To exist obviously the question in taking over for use land's course isn't equal the competition for getting a job is hard and legal support lack strength and socio-guarantee of a position is vacant,etc.The rights and the interests of the farmers losing land can't obtan ample guarantee,it has deep many-sided reasons,this inciude socio-political-economic system and historical culture and legal policy and so on.The forst,in binary cocio-structure the main part of the farmers' interests atrophy,it cause serious disequilibrium between the city and the countryside and workers and peasants economic development, the farmer's constitution rights in right to subsist and right to work and right to ensure and right to expand and so on are weaken seriously. The second,it has a game of chess between common interests and the farmers losing land's interests.The third,administrative right functioning seize the rights and the interests of the peasants losing land.The fourth,legal shortcomings couse a hard wound in safeguarding rights at the peasants losing land.We should take scientific cviews of the development as guidance to perseiet in safeguarding the farmers'rights in land operation and safeguarding the integrating principle of the farmers living with expansive right,put our hand to revise the incompatible stipulation in present statues with the regulation of market,define the farmers'main part of the position in collective land proprietary rights,entrust property attribute of contracting managerial authority and unreserved punishable rights to the farmers.We should strengthen the statutes of taking over for use land,perfect the procedure about taking over for use land examination and approval,protect cultivated land resources and control strictly the scope of taking over for use land,define the connections about the rights and obligations between subject and object in the course of taking over for use cultivated land.To make the institution should assure fully the farmers'rights to know the facts of a case and right to have a hand in it and right to supervise.We should build amplify compensating mechanisms about taking over for use land,on the base of formulating rationally related training system, establish the principle of compensation standard fluctuate in line with market conditions.The laws should respect fully the two parties about supply of the land and demand of the land to express real meaning,protect the main body of taking over for use land to reach agreament according to law of market. We should build and perfect socio-safeguard system of the farmers losing land,enlarge as far as possible covered area about the farmers,normalize arrangement and run about basic living guarantee fund of the peasants losing land. We should perfect mechanism of the guarantee about getting a job, strengthen training dynamics to be taken over for use land, spread actively channels of getting a job.create more chances of obtaining employment for the farmers losing land.We should dredge legal relief channels after the farmers losing land's the rights and the interests lose,define procedueal main body position of taking over for use land and removing tort law case to the farmers losing land,ensure lost lost the rights and the interests of the peasants losing land to obtain remedy.only by replying this can we solveentirely the question of the rights and the interests lose of the peasants losing land------aspecial colong.
Keywords/Search Tags:the peasants of losing land, the rights and the interests, legalprotection
PDF Full Text Request
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