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The Legal Protection On The Interests Of Land-lost Peasants In The Process Of Urbanization

Posted on:2013-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y G LvFull Text:PDF
GTID:2246330374483098Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy, China’s urbanization process is accelerating, more and more farmers look for a job in the city。Two reasons cause this phenomenon:one reason is the farmers want to seek better economic benefits; the other important reason is the farmers’land has expropriated by the government for urbanization。 In the Government Work Report of2011, Prime minister wen j iabao mentioned during the12th Five-Year period, China should actively and steadily promote urbanization and the urbanization rate will be increased from47.5%to51.5%。This means that there will be more collective-owned land becomes state-owned land and cause a lot of land-lost farmers appear。To the farmers, land is a basic means of subsistence。Losing the land, these farmers will face huge survival crisis。In addition, farmers’land ownership can’t get adequate protection under the current law。Also, in the process of land expropriation, the interests of farmers will suffer great harm, but the social security system for farmers are not well established。The existence of these phenomena greatly damage the interests of farmers, cause great social unrest, and is not conducive to solve the issues concerning agriculture, countryside and farmers in our country。Improve the existing legal provisions will play a important role in solving these problems。First, the current law can’t provide adequate protection on the collective-owned land and the peasants’land rights。In China, state-owned land and collective-owned land are two kinds of land ownership clearly defined by the constitution law and the property law But in reality, the collective land ownership exist some problems。A wide range of collective land ownership does not meet the actual situation in China, the state limit the power of collective land ownership......All these are contrary to the equal protection principle of the Property Law。Second, the system of collective land acquisition has a lot of questions。The country do great damage to the collective and the interests of farmers in the form of "price scissors"。Under the banner of "public interest", the government authority abuse of land expropriation power。The law of compensation for expropriation of collective land, collective land acquisition procedures and the farmers refused to accept the relief of the land expropriation decision is not made perfect provision, resulting farmers face many difficulties in seeking of protection。 Finally, the social security system of China’s farmers do not establish。Farmers lost their land, facing many difficulties, but they are not in the coverage of social security list。 Therefore, how to establish a sound social security system is very important for the landless peasants。To protect farmers’rights must solve the above three questions。Learning from foreign experience in handling the similar problems, the article will discusses these three questions from both theoretical and practical levels, and make legislative proposals, in hope of our country will modify the provision of current law which is not conducive to the protection of peasants’rights as early as possible。The improvement of the legal system level will play a crucial role in avoiding damage to the landless peasants’rights。...
Keywords/Search Tags:Landless peasants, Land ownership, Public interest, Landexpropriation, Social security
PDF Full Text Request
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