Study On The Legal Protection Of Peasants Involved In Concentrated Living

The wave of peasants’ concentrated living, which is called "demolition of the village and Habitat", arises in modern Chinese rural urbanization. Because of the temptation of the policy "increase or decrease hook" made by Ministry of Land and Resources, the work "demolition of the village and Habitat", to a large extent, involved into a way of getting benefit for local governments, and this greatly damaged the rights and interests of the peasants. From the perspective of planning according to law, there exists a variety of questions in the process of farmers "be upstairs", such as violation of the farmers’legal rights to have their homestead, the plan of living together lacking full and effective public participation, backward security conditions and the support measures, destroying the existing way of rural life, and so on. To these problems, we can’t deny the correctness of the policy, but should face them up and analyze in depth. The reason of the problems mainly is the defects of the current law, which makes it lawless in the process of "demolition of the village and Habitat". Besides, the current law of our nation lacks of explicit standards. So many local governments do not act in accordance with the law. Local interests make the farmers become the main infringed object.Learning the experience of others can do help to "demolition of the village and Habitat".We can learn from a village of ZheJiang province which adjusts measures to local conditions, considers the rights of peasants and keeps the developing of the village in mind. When Germany’s Bavaria do the work of consolidation, they make a perfect legal system and protect the environment well. We can also learn from them. To protect the rights of peasants, we should concentrate in the law-making, ensure the participation of the public, improve concentration living conditions and the security of supporting measures, strengthen the protection of rural ecological environment. Through these measures we hope we can realize the purpose of saving the land resources, improving living environment of peasants, speeding up the rural urbanization’s developing and industrialization.