Shallow Of Land-lost Farmers Rights And Interests Protection Issue

The fact is that part of peasants have lost farmland has become a serious social issue or a hot spot in china. This problem is also called one of the new three FRA problems and is paid close attention to by scholars of different fields. The severity of problem concerning off-land farmers is by far beyond people’s imagination. Farmer’s foundation status and their social class status decide that the farmer is the key factor in the Chinese process of modernization. Therefore, the extent of the protection and how to protect farmers’ rights and benefits become extremely projecting and essential.Framers stand in the disadvantaged position in the process of expropriating the cultivated land. During urbanization, the peasants’ land fights were injured, and the life of the peasants who lose land can’t be guaranteed. More serious, farmers will lose other rights as their losing the such as the rights and interests of protection the farmland, the rights and interests of protection the daily life, the rights of taking a job and some of the rights related to the loss of land. It is becoming clear that the living condition of these land-lost peasants is not so bright now. However, due to the reasons such as the deficiencies in the existing system, the abuse of land expropriation fight by local government as well as the farmers " lack of protecting their own fights and so on, the farmers " legal rights and interests of land suffer tremendous losses. The defects in existing rural land property right system in china not only have an adverse effect on the protection of farmers’land rights and interests, but also restrict the deepening reform of rural land expropriation system.The formation of the problem of three agricultures has its profound and historical source, the nature of which belongs to a problem of law, that is to say, it is the problem how to protect the farmers’ rights effectively. The author analyzed the reason that makes the peasants land fights injured from the defect of our land legislation. At the same time, I gave my own views about the way to set up the safe guarding mechanism of peasants land rights. This text has listed the present phenomenon about rural land encroaching and it’s danger, analysis the cause of making farmers encroach their land rights and interests, and has put forward corresponding countermeasure and suggestion. The development of the rural land system since the founding of new china being reviewed and the current state of the pros and cons of the rural land system being analyzed, the direction of the reform of the rural land system was discussed. The key of the constructing the new countryside lies in the appropriate institutional innovations with increasing and respecting the rights of peasants. So this thesis goal is to establish legal protection system of the right and interest of land-lost farmers. Farmers’ rights of land should be strengthened by law, which could change their disadvantage situation. On the foundation of steadying rural society and lightening their burdens, we should advance the reform on rural property relation to ensure farmers’ right.