The Legal Protection Of The Rights And Interests Whose Lands Have Been Appropriated By The Example Of Wenxian Of Henan

As a large agricultural country, the question of farmers have been attractedeveryone’s attention, especially, with the development of urbanization andindustrialization, mass rural collective land has been assessed. However, the legalsystem do not match with the national collection system, such as the ill-definedpublic interest, low cost of compensation for expropriation and so on. As land is theonly production of landless farmers, it is the most important living source of thelandless peasants. Then farmers who lost their land will be difficult to findsecondary jobs, lack of social security or rights, so repeated occurrence ofinfringement of farmers’ rights and interests, farmers’ petition or violence is notconducive to stability in the country. In this paper, we explore the problems oflandless farmers’ rights and interests of legal protection in land acquisition processwith Wenxian of Henan province for the survey, as well as the strategies to addressthese issues.This article is divided into four main parts to study the legal protection of theland of farmers’ rights on the collected data of land acquisition and the status oflandless farmers, and analysis of deficiencies in the system of land expropriation andthe current situation of the farmers. By analysis of China’s land expropriation systemof laws and regulations, we identify defects in the system of land expropriation, wecan protect the legal rights of the landless farmers by improve these defects.The first part introduces the research background of the rights and interests ofthe landless peasants, we urgently need for the specification of the land legal systemin the acquisition process.The second section describes the definition and content of the landless farmers’rights, we can find landless farmers’ situation by the data of the investigation ofeducational attainment, the main source of relief and remedise.For example,landless farmers get compensation too low, re-employment difficulties, the relief isdifficult and limited access to social security and other issues.The third part analyzes the reason of the damage to the interests of the landlesspeasants, mainly from the problems of the land system and social relief system todissect.The fourth part introduces the countermeasures of land of farmers’ rights andinterests.For example, the definition of "public interest" uniform standards,improve the compensation system of landless farmers,improve land acquisition proceduresand improve the social security mechanism.