Collective Land Expropriation Legislation And Protection Of The Rights And Interests Of Farmers

Has been urbanization since the reform and opening up for more than30years, China’s urban landscape has undergone earth-shaking changes. Urban development cannot leave the support of land, how to obtain and rational use of land is in the process of urban development must face and solve problems properly. Special pattern of land ownership in our country, making city land for massive scale required, mainly depends on the country by a way, will originally belong to city suburb and rural collective land, into a whole, i.e. by the government according to law in a way to obtain land needed for urban development. Collective land expropriation system arrangement not only determines whether sustainable urbanization in China, but also related to the problem of land-lost farmers right to survival and development.The collective land expropriation system is not perfect in our country, land expropriation compensation in narrow range, low compensation standard, compensation methods are too single, compensation procedures exist defects, lack of effective supervision mechanism, the land-lost farmers re-employment difficulties, lack of effective social security system, if these problems can not be effectively and timely solve, so will inevitably affect the rights and interests of land-lost farmers, resulting in hyperplasia of social conflict, influence the social stability and economic development of our country. So, from the viewpoint of land-lost farmers’rights and interests protection in our country to perfect our country’s collective land expropriation system, build a new social security system is the urgent event.This article mainly through five aspects of content to shed light on the problem from the:Chapter one general situation of collective land expropriation system, and through the theoretical overview of the system of collective land expropriation, to analysis and study of collective land expropriation in our country lack of farmer rights and interests safeguard the root of the problem.Chapter2the shortage of land-lost farmers rights and interests safeguard, this chapter is divided into two parts, the first part from the land-lost farmers to low compensation standards and procedures lack two aspects elaborated our country current collective farmers rights and interests protection in the process of land expropriation; The second part of our country currently in the process of collective land expropriation and lack of land-lost farmers rights and interests safeguard for cause analysis. Chapter3foreign land expropriation system, this chapter is mainly through the introduction of foreign developed countries about the land expropriation system, compared with collective land expropriation system in our country, draw lessons from the successful experience, to explore the train of thought of perfecting our country’s legal system of collective land expropriation.Fourth chapter our country collective land expropriation legislation defects and key points of this chapter is mainly elaborated our country land expropriation legislation present situation, and analysis of legislation, which leads to the key points for collective land expropriation legislation in China.Chapter5perfect land expropriation system in China and the rights and interests of land-lost farmers security section. This chapter mainly is aims at our country current collective land expropriation process lack of land-lost farmers rights and interests safeguard the cause of the problem, put forward the corresponding Suggestions and countermeasures, in order to perfect China’s legal system of collective land expropriation, to effectively protect the legitimate rights and interests of land-lost farmers in our country.