The Legal Research On Protection Of Dispossessed Farmer’s Rights And Interests

With the acceleration of urbanization and industrialization,in our country,many farmers lost their resources for survival.Due to the limitations of the fanners own characteristics, Most farmers drifted away from the urban and rural society,a large number of dispossessed fanners become new social vulnerable groups. In recent years.because of land acquisition arise mass incidents frequently, the landless peasants rights protection is more and more important. And under the background of midland rise and the western development strategy.large-scale agricultural land levied present trends westward.Most eastern approach was proved unsuccessful but western people become reference blindly. I selected the Hui County of GanSu province as an example which is in western to set forth the protection of the rights of the landless peasants.Because of the system is imperfect and legally defects, fanners’property rights, the right to life and the right to development is constantly being violated.The reasons are the following main points:unclear Agricultural land property rights.the ill-defined public interest, static compensation system design, inadequate collection procedures, the lack of a system of dispute resolution mechanisms, the rights of farmers to lack of capacity. By learning from foreign experience combined with the actual situation in China, we can bring forward a few suggestions to improve the landless farmers’rights and interests protection system.First, we should define the connotation and extension of the public interest clearly.Second. we should set a dynamic market-based compensation standards. Third, we should improve the agricultural land expropriation procedure system.Fourth, we should establish the dispute resolution mechanism.1mainly discuss how to improve the relief system in five areas by enhancing the independence of the judiciary texpanding the scope of judicial relief, the role of administrative remedies, setting up a special relief agencies, establishing a relief mechanism.