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Land Circulation In The Protection Of The Rights And Interests Of Farmers

Posted on:2013-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
It is undeniable that Peasant’s rights and interests concerning rural lands have greatly lost during the process of China’s economic development in recent years. With the aggravation of social contradictions incurred, protecting Peasant’s rights and interests of land have become a problem with strategic level, which profoundly influenced China’s social and economic development. Because of the factors that the urban and rural binary structure concerning society and economy has been persisting for long, that legislation values tended to City’s development, that resource of the education and economy excessively focused on City, that functions of local government misplaced, the rights and interests of Peasant, who originally belonged to the social disadvantaged, have been frequently infringed. Generally, Peasants found it difficult to seek justice and remedy through administrative authority or judicial approach, so as to mass incidents occurred continually, to the extent that further aggravated social contradictions. If such problem may not be solved promptly, it will definitely further influence China’ long-term stability. Therefore, there are significant meanings for researching the problem of protecting Peasant’s rights and interests among rural land circulation, whether in politics, economy or society.This thesis mainly concentrates on present status of the protection of Peasant’s rights and interests among China’s land circulation with regard to right to the contracted management, combining successful experiences of main developed agricultural countries in the world, probes the source of phenomena, existed realistically, that peasant’s rights and interests were infringed upon social and economic structure, legal systems and Peasant policy, in search of crux, to the extent that could renders an effective settlement for the problem.The thesis is composed of five chapters, specifying as follow:Chapter one: As the beginning of the thesis, this chapter mainly expounds the fundamental situation of China’s rural land circulation and its relevant contents as well as the main contents of protecting Peasant’s rights and interests set forth in the system of China’s land circulation. Chapter two: Some advanced experiences are worthy of learning for China from main developed agricultural counties, such as America, Britain, France and Japan. This chapter chiefly discusses the system of land circulation of America, Britain, France and Japan, and measures or legislation protection concerning its Peasant’s rights and interests as well. As a result, the chapter makes comments and comes to a conclusion.Chapter three: This chapter is one of the most important parts of the thesis in which points out where the rub is. It firstly analyzes legislating status concerning the protection of Peasant’s rights and interests among China’s rural land circulation at present, and then draws forth the main circumstances of infringing Peasant’s land rights and interests upon above analysis, therefore, provides a factual ground with regard to further probing the settlement of the problem.Chapter four: There are sorts of factors that give rise to damage to Peasant’s right and interest among land circulation, not only including internal historical source to which China’s own social and economic structure, Peasant’s status in China and system of China’s rural land circulation have contributed, but also the cause in administrative authority and remedy for Peasant’s rights and interests that made development of China’s rule of law difficult. In addition, the vulnerability of Peasant itself also contributes to that damage.Chapter five: Based on the conclusion of aforesaid chapters, this chapter renders relevant suggestions for perfecting protection mechanism of Peasant’s rights and interests among rural land circulation, meanwhile, appeals that legislators shall pay more attention to human rights and social justice and equity and draw laws without ambiguity and uncertainty while accelerating to perfect the system of China’s rural land circulation.
Keywords/Search Tags:Rural land circulation, Right to the contracted management, Peasant’s rights and interests
PDF Full Text Request
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