Legal Protection Of Farmers' Rights And Interests In Land Acquisition

In our country, the land is the safeguard of farmer survives. But as the urbanization is been quickly advanced, millions of farmers lost their land. As a result of legislation flaw and reality protection not strength, land-lost farmers become a new community whose rights are failure to protect, which affect the harmonious development of China. So this thesis goal is to establish legal protection system of the right and interest of land-lost farmers.The thesis consists of five parts on the basis of structure of status—reason—ways.Chapter one focuses on gravity of the problems that land-lost farmers'rights and interest suffers injury. Firstly outlines the condition which land-lost farmers'rights and interest suffers injury. Secondly and finally emphasize the urgency and significance of land-lost farmers'rights and interest protection.Chapter two focuses on phenomenon analysis of land-lost farmers'rights and interest suffers injury. Firstly outlines the conception and operation pattern of land expropriation, secondly and finally analyze the phenomenon and reasons of land-lost farmers'rights and interest suffers injury.Chapter three focuses on experience and enlightenment of land-lost farmers'rights and interests protection in overseas and areas, which from three aspects, safeguard mechanism of public goal of land expropriation, land compensation mechanism, procedural safeguard mechanism of land expropriation.Chapter four focuses on three problems in land expropriation. Government role dislocation, assignment of compensation funds, farmer secretly build house after land expropriation announced.Chapter five focuses on the legislation suggestion. Take the private right protection, the public interest and fairly compensation as the legislation principle, in view of our country legislation flaw, this chapter suggest clarify clearly the public interest, build a scientific rational mechanism for compensation, ,establish a fund for land-lost farmers'social security, entrust farmer with participation right and juridical protection right and so on.