Research On The Legal Protection Of Benefits Of Land-losing Peasants

As the objective law of development of human society，the urbanization promotethe urban economic development and social prosperity, however, broughtunprecedented impact on the lives of the majority of farmers. In order to meet thedemand of land for China’s rapid urbanization, the expropriation of peasants’collective land has become important or the only way to meet the urban sprawl andeconomic development in the case of the limited urban land. In this case, theappearance of the landless farmers is inevitable.As a special group in the wave of urbanization, landless peasants are evolvingthe "victims" of the urban expansion gradually. Due to the loss of basic livelihoodfrom the land, the standard of living of the landless peasants is declining gradually,and the farmers have no long lasting protections. These lead to a conflict of landlesspeasants and local government and rigger a series of economic and social issues. Ithas become essential to solve the problem of landless peasants, and safeguard thelegitimate rights and interests of the landless peasants.The reason why the legitimate rights and interests of the landless peasantscompromised is that the relevant system to protect there interests has defects. First,the land acquisition system is imperfect, the target of expropriation extends. thephenomenon of abuse of powers to expropriate land under the guise of "publicinterest" appear frequently. The land acquisition programs are disordered, the peasantsdo not have the right to speak and participate. In regard to compensation for landacquisition, the measurement standards are backward, the scope of compensation isnarrow, and the distribution and use of compensation mechanisms are disordered, thepeasants can not be compensated fully and equivalently. Secondly, it’s failed to makeself-contained system for the landless peasants’ successive living guarantee. It has notcompletely established the social security system for peasants, the pension insurance,medical insurance, minimum living standard security and employment security are all imperfect, the existing security standards are too low to replace the ensurance of land,the permanent living of landless peasants are confronted with big risks. Thirdly, thelandless peasants lack of complete relief mechanism of interests. There are somedeficiencies in the system of administrative remedies and judicial remedies, thepeasants are often nowhere to ask for help after the damage to the interests.We should explore how to maintain the interests of landless peasants from thefollowing three processes: The land acquisition process, The process of social security,systematic relief mechanism. In the land requisition system, rationally defining thescope of land requisition to prevent the abuse of powers to appropriate land, buildinga clear land acquisition program to protect the right to information and participationrights of the landless peasants and optimizing land acquisition compensation systemshould be the focus. Compared with the temporary compensation from the landacquisition compensation, to build multi-level social security legal system providespermanent protection for the life of the landless peasants. The focus point should beestablish a multi-level social security system with pension security, health security,minimum living guarantee, and employment and entrepreneurship mechanism. Finally,the channels of interest demands of the landless peasants should broaden. A widerange of interests relief mechanism should be established, with the main means ofadministrative rulings and letters and Visits, judicial relief as the indemnity, and otherrelief means as the complement way.