The Research On The Legal Protection System Of The Interests Of Landless-Peasants

With the industrialization and urbanization accelerating, the number of landless-peasants is rising during these years. Most of them have become social vulnerable group because of losing property rights, basic rights of living, employment opportunities and a series of land-related rights. Whether the rights of landless-peasants can be protected or not is in relating to the achievements of fair, justice and stability of society.Firstly this article defines the concept of landless-peasants in the sense of law and analyses the vulnerability of them. With consideration of the present legal system and the current situation, the main infringed forms of peasants are:relatively low land compensation, resettlement compensation hard to place, land value-added income distribution inequality, deprivation of information of landless-peasants, increase of risks of poor landless-peasants.Based on the summarize of relevant references, this article analyses the reasons in an all-round way why landless-peasants in our country lack legal protection of rights from perspectives on legal principles of justice. In the collective ownership of rural area, peasants lost their sense of protecting property rights, and this period is so long that the legal statuses of state-owned and group-owned property rights were not protected equally, property rights are unclear, and ownership power is incomplete. In the legal rules of land expropriation, there are flaws like "public purpose" legal setting being too broad, delayed legislation on land expropriation compensation and unreasonable expropriation procedures. Farmers lack the national social security system while the level of social security policy of local governments is relatively low. Judicial relief system does not reflect the principles of terminal examination; there is still judiciary not independent, letters and the supervision administration incomplete as well as unfair administrative decisions. It costs too much for landless-peasants to ask for help and legal aid work is not in place. This article also uses comparative analysis method, by comparing the methods used to protect rights, effects and developing trends of landless-peasants in different countries, to summarize that foreign land management has high legislation level, has system for land expropriation and centre rights guarantee. Considering the specific situation of China, this article summarizes the experience that our country can use for reference in land management legislation, standardize expropriation procedures and improve land expropriation compensation.In order to perfect the system of legal protection rights of landless peasants, as a whole, it is required to build a "Four in One" legal protection system as soon as possible so and make full use of the legal protection rights. In the first place it is needed to deepen the reform of rural land property rights system so as to achieve collective land ownership and equal protection of state land ownership, make clear of the delegation of group land ownership and improve the ownership of power. Secondly, improve land expropriation legal rules and in this article, the necessity of enhancing the legislative ranks, setting independent land expropriation law and standardizing specific land expropriation contents and procedure files to protect landless-peasants' rights. Afterwards, establish and improve the urban and rural social security system, this article has presented preliminary framework for the social security system from the lowest social security, pension security, health care and education opportunities, speculating the key issues of "Landless-peasants Security System". Last but not least, improve the salvage of landless-peasants, put judicial examination system into land expropriation procedure, perfect administration reconsideration and litigation, consummate land expropriation monitoring system and enhance the role of legal aid.