Collective Land Expropriation Of Farmers' Rights And Interests In The Legal Protection System

With the development of our country's industrialization and thepropulsion of urbanization, the cities in our country change with eachpassing day and the cities get larger and larger, so the necessity of land alsoincreases rapidly. City state-owned land available at present can hardlysatisfy large-scale economy exploitation and the construction of urbaninfrastructure. According to the present law, the local government can onlycollect the land needed to turn it into city use even from suburb area andrural area to satisfy the city construction project. The field has not been inthe circulation process that the agriculture needs, the peasant have lost theirland on which they rely for their living, and have lost a series of rights andinterests linked up with the land. They are poorer and poorer because of theloss of their land, which makes them a group of people of borderrization,who have formed a special group dissociating from the whole society. Allthis may initiate new social contradictions and conflicts, affects the harmonyand stability at any time. I have found by studying and analyzing that: Thedefective legal system on land use of our country is the root cause to lead tothe peasants' loss of rights and interests. How to perfect the present legalsystem of our country's land to protect peasants' rights and interests hasspecial significance for the harmony and stability of our society and canpush forward our country ensuring lost territory on system origin. This essayis composed of three main parts: foreword, text and concluding remarks.Text among them is allotted into four parts, which is as follows:Partâ… The summary of the protection of peasants' legitimate rightsin the collection of collective-owned land. This part mainly introduces thesignificance and purposes of this paper, the current situation and the reasonthat peasants' rights and interests are damaged in collection of collective-owned land, and the effects that legal system ensures to peasants' rights andinterests. The land is the basis for farmers to settle down and live on. Notonly do the peasants lose their land property rights, but also lose the right toemployment and social security.There are many causes which lead to the loss of peasants' rights and interests. One is the current policy taken up byour government in developing the economy, the other is peasant's legitimaterights are treated with indifference and the abuse of eminent domain by localgovernments. another one is that the factors of our inperfect system.But, among of them,the root cause is our country's defective legal system onland. The last of this part has emphasized to perfect legal system in order todefend peasant's rights and interests.Partâ…¡. The legal analysis on the reason of peasants' rights andinterests, which are damagded in collection of collecttive-ownedland. This part mainly analyses the defect of legal system on land bysubstantive law and procedural law, which is the main body of thisgraduation thesis. In substantive law, the defect of our country's estate is thesystem origin, which has led to peasant being in passive, when their rightsand interests on land meets with damage. In our countrys'collecting legalsystem on land, the boundary of common benefit is unclear, condemnationawards'standard is low, range is narrow, assign isin chaos, which makepeasant get injustice, unreasonable compensation, and also have aggravatedland contradiction in collecting land. In procedural law, there exist manyproblems,such as information in collecting procedure is not known to thepublic, the masses participate in degree no highly, which lead to our countryland collecting procedure having no way to forming effective constraint andsupervision to collecting power on land, and this power has beenabused, which has damaged the peasants' lawful rights and interests. Thedispute cant not been settled well by government's verdict. The feasiblepeasant has appealed to the higher authorities for help, skipped a gradeappealing to the higher authorities for help.Partâ…¢. Experience model of overseas and our country Taiwanarea land legal system to defend peasant's rights and interests.Compared to USA, France, United Kingdom, Canada, Japan, KoreaRepublic and Taiwan of our country, it find by the fact that their land legalsystems are in progress. In these countries, their estate is entire, the purposeof common benefit makes clear, condemnation awards' standard is reasonable, which can effectively prevent from disputes, because ofcollecting land. Their collecting procedures are open, impartial, and thedemocratic degree that peasant participate is purchased high, which canensure rights and interests of the land holder forcefully. When a dispute isproduced, the system gives the obligee chance of repeated judges, on theother hand, their systems lead into judicial review mechanism, which is ableto resolve contradiction dispute effectively.Partâ…£. Suggestion on legislation reinforcing protects to peasantfights and interests in the collection. On drawing the land legislation ofoverseas and our country Taiwan area and combining with actualcircumstances of our country, it make some contents clear, in the hereaftersuggestion on legislation, which is as follow: (1) the law need perfect thesystem of collective-owed land estate, including: Clear collective ownedland proprietary right representative, whose fight and duty are neegedrational boundary; Separate property right, richen appropriate rights andfunctions, open primary market of collective-owned land, establishexchange system of collective-owned land entering marketplace directly.(2)perfect collecting substantive law system of collective-owned land,including: fix "common benefit "rigidly, in order to prevent from collectingpowerbeing abused; Adopt the standard of market price, expanding therange of compensation; Encourage the peasant collective who probes newsetting ways, arrange for rationally to be purchased land on a requisitionbasis. (3) Perfect the procedure of our country collective-owned land beingcollected, make system known to the public and the system of listening tocertificate including that perfect our information of country collective-owned land collecting procedure, and teffective supervision mechanism ofadminstrative ruling and judicial remedies.