The Study Of The Farmers’ Rights And Interests Protection In Land Expropriation

Land is the survival of the human, the source of food and clothing, and is the lifeblood of the country’s economic, political and social development. The land system of China has undergone the stages:land to the tiller, agricultural cooperation, and collective and unified management, collective and contract management. This state-led land system has played a huge role in the process of production and living: The productivity has developed rapidly, people’s living standards have been improved greatly, the country’s comprehensive national strength has been growing, and it has made remarkable achievements. However, along with the progress of mercerization, the reform and opening up in full swing and deeper, imperfections and shortcomings of collective land ownership system is gradually exposed.As the government firstly puts the collective land for the state-owned land, then transfers and sells it at auction in accordance with the market price. And the land expropriation price is just a very small portion of the market price, so the actual interests of the farmers are very little, coupled with layers of interception and corruption, landless peasants living a lack of security and other issues having not been properly resolved, there appears a large number of phenomenon against the interests of farmers, causes the land-lost farmers of discontent and a series of social events. They affect the social stability and economic development, also affect the construction of harmonious society. Therefore, it is imperative to reform and improve the rural collective land ownership system.On the basis of analyzing of the peasants’damaged rights and interests of the present situation in land expropriation and the development trend, this paper attempts to research the rural collective land ownership of the legislation present situation and defects to further explore the cause of the defects of the rural collective land ownership. Including the character of collective land ownership defined unclearly, the scope of the "collective" fuzzy, the subject of ownership emptiness, power failure or effectiveness weakening and so on. So it leds to the unclear rights object of the expropriated land, the unknown main beneficiaries, the unreasonable distribution of compensation and other issues. In combination with such problems as the unequal status of civil subject between current collective land and state-owned land, the late interests of farmers lacked of institutional guarantee.This paper makes further research in protecting peasants’rights and interests in the land expropriation, pointing out that we must clearly define the concepts in the basis of domestic and foreign legislative experience, such as the nature and the scope of the "collective" in the collective ownership of land, clearly defining possession, use right, benefit and disposition of the four power distribution of land ownership, reshaping the distribution of interests in land requisition compensation mechanism, giving the rural collective land and state-owned land the same market position, etc., and exploring several new models for how to protect the landless peasants’long-term interests. Including turning farmers into city residents, and levying farmers’land, the "Double Replacement":exchanging rural homestead of the building, replacing contracted management of social security, and making land-use rights of the price of shares and other coping strategies.