Legal Protection Of Existence Right Of Land-lost Farmers In Mining Area-from The Perspective Of Risk Society

Shanxi,known as the “township of coal”,is one of the important energy bases inChina.Shanxi Province is rich in coal, iron, LvTu mineral resources, etc. Relying on richcoal resources and convenient location advantage, shanxi economy presents the fastgrowth trend, but also bring a series of social problems. Air pollution, land subsidence,mine disaster frequent, polarization of the rich and the poor and so on, all these revealthat shanxi has entered risk society,which is different from traditional society. Especiallyin the countryside, the farmers face the risk of the most severe situation. Most of thecoal resources are buried in the rural land under.The coal mining must take,pollute anddamage land, which will sharpen the contradictions between farmers and land. A largeland-lost farmers can’t get properly arrange, and face survival crisis.This not only affectsocial stability, but also restricts the steady development of economy. In the risksociety,ensuring the legal rights of land-losing farmers is very improtant.First of all, this article analyzes on the land-losting farmers’social risks in facing therisk of survival,through empirical research method.The article analyzes the cause of theloss of land for farmers respectively from the two aspects of the longitudinal andtransverse.This paper reveals the farmers’land lossing has time and regional in Shanxi.Then through the data survey,we found that the coal mining can not only bring theopportunity for farmers, but it also can bring the risk. Because of the asymmetry of theopportunities and risks,and the unbalance of distribution of interests, the rich get richer,the poor get poorer.Secondly, this paper discusses the present situation of thesubsistence right to legal protection,by using literature analysis method. The artic raisesthat the subsistence right is natural rights,based on human survival instinct. It is aconcept of keeping pace with The Times, different period and environment give itdifferent content. To see the protection of the right to current situation,the country ismuch poorer than the rural town.The third part discusses the value of the right toprotecte. The main values of protecting rights embody in humanitarian, justice andharmony. We find that life is protected not only in order to ensure the basic standard ofliving, but also to ensure the dignity and happiness of the life. The fourth part will locatein how to construct legal system safeguarding the land-lost farmers’ rights. Fromnational responsibility, enterprise obligations, personal responsibility and on the basis ofmutual coordination,the government will build social security system. This is also the purpose of the article.In short, this paper is based on social reality of the contemporary Chinese,pursuesand realizes the concept and value orientation about people foremost,human rightsfirst,legal equality,justice and so on,establishes and prefects the citizen’s rightsprofection system and relif system,mechanism,safeguarding fully mining farmers theinalienable rights of life,so as to realize the protection of human rights in China and thepeople’s livelihood security.