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Landless Peasants' Rights In The Process Of Urbanization Security Research

Posted on:2009-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:W L LaiFull Text:PDF
GTID:2206360248450791Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The experience of developed countries shows that the city civilization must exceed the agriculture civilization and be in the dominant position, urbanization is the doomed result of human history and is also the important symbolize of society progress. So it's also the necessary way for society development and modernization of our country, fastening its process is then the objective demand of economy and society development of our country. But with the fastening of the urbanization process of China, it brings a lot of problems especially the rights and profit of peasants who lost their land while the urbanization solving a series of conflicts on a high level in the economy and society development process. The acquisition of land belongs to countryside collective is in large number in the urbanization process, number of peasants who lost their land is thus increases fast. It will hinder the development of society if we can't solve the problems relevant with the peasants who lost their land well. Just for this reason, based on the summary of relative study and practice of systems domestic and outside, the article is concerned on study of system construction and its practice about insurance of peasants' rights and profit who lost their land in urbanization process from a systematic and attempting angle. The article mainly includes the following four parts:The first part: The meaning of urbanization has been defined from many angles in different disciplines, but most scholars defied the notion based on their study on the developed countries' urbanization process. As a agriculture dominated country, China is much different with them on the aspects of current economy and society progress conditions. Based on the realistic condition of our country, after analyzing the meaning of urbanization process, summarizing its basic characters and current condition after reforming and opening, the article points out the questions of shortage of land supplying, the increasing of peasants who lost their land in number and on differences, also including the damages the peasants who lost their land suffering on the aspects of money receiving, rights and security etc.The second part: After knowing the damages to rights and profit of peasants who lost their land suffered because urbanization, the current conditions and flaws of compensation system of land acquisition and the following security policy for the peasants who lost their land in our country are discussed: first about the compensation of land acquisition, the current legal regulations on land acquisition may mainly bring questions that it doesn't exist a definite purpose in land acquisition, the compensation standard in land acquisition is irrational, the procedure of land acquisition is not standardized, the subjects of property right of farm land are not clear and right content are not integrated etc. On the aspect of social security for peasants after lost their land, it exists questions that law system is not perfect, the method of settlement is simple and sole, the peasants have much difficulty in re-employment etc. besides, except some attempting points about following social security of peasants who lost their land are established in parts of provinces and cities, the unified social security system for peasants who lost their land all over the country hasn't established yet, this leads to that most of peasants can't get proper security on the aspects of basic living condition, medical treat, providing for the aged, obtaining employment and obtaining legal relief etc after losting their land. The main policies and measures on the two aspects on current stage of our country can't play their functions well and solve the many questions the urbanization process brings. The shortage of policy and being unscientific and irrational of laws and regulations do serious harm to the legal rights and profit of peasants who lost their land, and then affects the stability of the society, the result is that it will bring hidden danger in the process of constructing a harmonious society of socialism.The third part: Through analyzing relevant systems and policies in the urbanization process of some representative countries and districts (America, Japan, German, Taiwan of China), it concludes that, in most of the economy developed countries, there are all strict systems established for land acquisition, perfect legal guarantee, proper modes of employment and considering protecting peasants' rights and profit with high emphasis in the urbanization process, so a series of questions brought by the urbanization are solved well. All the measures for success give us great inspiration and are deserve to be learned and taken as models. The fourth part: Through analyzing the flaws of compensation system of land acquisition and policy of social security, the strategic methods to solve questions about peasants who lost their land in urbanization process in our country are proposed: on the aspect of land acquisition system, we should first make clear the proper scope of land for acquisition, use the power of land acquisition carefully. We can define "public profit" by modes of listing examples and summary, and make up the defects by mode of processor justice (use "constructive of nonpublic"), so the country's purpose of land acquisition can be widely agreed and supported; secondly we should perfect the procedure of land acquisition. We should implement information announcement system to make land acquisition system transparent, and should introduce judicial relief, decrease the interference by administrative power of government to land acquisition disputes, then it can bring fare justice to protect peasants' profit who lost their land in the largest degree. Last we should establish rational compensation mechanism of land acquisition. We should not only increase the compensation standard by taking preference of market price and determine compensation amount through comprehensively considering ingredients of local conditions of economy development, local position, definite position, relations of supply and demand etc. We should also change the compensation mode mainly composed of money compensation one time only, but consider the real local condition, introduce diversity of compensation modes such as settlement by living part of land to peasants, settlement by changing status of peasants, settlement by investing and being the shareholders and settlement by exchanging elements of production etc more. On the aspect of social security, we should first establish living security system on the lowest level for the peasant who lost their land, determine the objects to guarantee rationally and establish security standard scientifically. Besides, we should establish systems of providing for the aged, system of medical treatment security and make system of employment security perfect (such as generalizing mechanism of training for employment, widen ways of employment etc.); Secondly, we should strengthen the management and use of social security fund. Our country should use advanced international experience for reference and change the current managing mode of social security fund. We should mainly combine with real situation of our country to make the social security fund under the management of banks or financial departments of non-bank-organization, and introduce competition mechanism to realize the stability and increasing of the fund. Thirdly, we should furthermore innovate the household registry system to give the labors freedom to choose where to work. Last we should innovate the current system of property right, make relations of property right clear to change the current condition that property right of farm land is out of focus. Practicing shareholding system of farm land, this measure is the best way to realize the land-lost peasants' rights and profit to the greatest extent while needn't changing the ownership system. Besides, we should make relevant law and regulations perfect thus to guarantee peasants' property right on land in law and realize optimizing using land resource.The pushing of urbanization fastens the modernization process of our country and is useful to our economy development. In the long road of urbanization, millions of peasants contributed and provided too much, because the develop of our cities and society is tightly related with them, so we must protect their rights and profit and improve their living conditions. But since innovation and open, government has taken over about two thousands of billions from "the action of taking land" all over the country, just in the latest two years, the whole country accumulated income over nine hundred and ten hundreds of billions of money by remising land and this damaged the peasants' profit seriously. The lastly increasing social tragedies because of disputes of land acquisition such as appealing to the higher authorities for help, demonstrating, even suicides and self-burning etc also approve that the current system not only obeys the original purpose of urbanization, but also affect the stability of the society. So, that making compensation system of land acquisition and the following system of social security perfect, truly insisting on protecting rights and profit of peasants who lost their land is the best way to solve social conflicts and realize common prosperity.
Keywords/Search Tags:urbanization, the rights and profit of peasants who lost their land, compensation of land acquisition, social security
PDF Full Text Request
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