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The Legal Protection Of Land-lost Peasants' Right And Benefits In The Process Of Urbanization

Posted on:2012-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:K SunFull Text:PDF
GTID:2216330338463331Subject:Law
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Urbanization refers to the progress in which people's way of produce and life turn from country style to conurbation style, in which conurbation land spread, in which culture, life style and value of city spread among the country. Since cities are the major carriers of consumption, it is the strategic choice forcing on consumption. In the last few years not only does the conurbation process make rapid progress, with a rich harvest, but also it promotes the development of rural industries. However, this compulsive urbanization is no doubt a rapier, on one hand introducing advanced civilization to the country and on the other hand impacting more largely than ever before on most peasants. To study the effect by urbanization to peasants and analyze the pros and cons, the writer takes the Getuan village in Zhubao town Lanshan district Linyi city Shandong province for sample. By the analytical status such as acreage of acquisition, transferring fees and compensation standards combined with the life analyses of peasants having lost their fields and comments of these peasants, we can safely come to a conclusion that in the long run the urbanization surely does great harm to farmers. First, in order to satisfy the urbanization need for land, the government deprived the farmers of their fields, leaving them no means of production and livelihood, trapping them into a position where they live on farming but have no farm land, as a result farmers'survival is hugely threatened. Second, after losing their land, peasants who lived on farmland become hobos; what's more, peasants without advanced scientific knowledge lack the ability of finding a proper position in the city. Third, the social security system is based on the town and country economy, and peasants can't get minimum security like citizens, and there are some drawbacks in rural social security system such as single types, small range……all these factors lead to most of the peasants, who lost their lands, having no or low security. Fourth, homesteads of peasants are occupied due to urbanization; and shortage of land, lack of money contributes to the delay of substitute house, and leaves the farmers without home. Fifth, there is no doubt that the most direct victims are these peasants, and it is so difficult for them to declare their rights when they are violated, for absence of law knowledge and the defense conscious. The farmers'survival dilemma result from four main elements——the imperfection of law, the absence of the governments' due functions, the fault definition of villages, the peasants' shortage of law knowledge. Writer contrasts the land acquisition system with that of England and America, analyzed the shortcoming of Chinese land system, at the same time taking advantage of foreign system's rationality and combining the loss reasons of farmers, and consequently concluded the fundamental principle for protecting the interests of peasants in Chinese urbanization process. First of all, optimize the regulations and laws. Make the proprietary rights and operation rights in Chinese land system explicit, get the definition of public interests clear, raise the complement standard of land acquisition, and consummate the check and approval procedure. In addition, the governments should value peasants as the principal part of society, reinforce executive supervision, and lessen the dependence on land financially, at the same time collecting the property tax as soon as possible. What's more, the groups of villages are supposed to define themselves in the position of peasants who have lost their land, and maintain the husbandman's rights of speech, demand for complement and so on in process of urbanization. Finally, due training of employment and legal service are supposed to taken by farmers, so that they can enrich themselves in professional knowledge and law concept due to educational differences between the city and the country, with improvement in vocational skills and legal understanding and bringing amply their chief roles into play. As is known to all, the Chinese urbanization has been proceeding in the past few years, as well as obviously exposing a number of drawbacks, so it is particularly essential to do research on how to protect the vulnerable groups of peasantry. On one hand, putting protection to peasants' rights is the basic principle of how to deal with issues of agriculture farmer and rural area; on the other hand, it is in favor for government to increase credibility and build legal government serving people sincerely. Besides, from the grander scheme, only by maintaining the basic rights for farmers can the society be stable so as to grow up into an organized and harmonious socialistic country.
Keywords/Search Tags:urbanization, land acquisition, public interest, land-lost peasant
PDF Full Text Request
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