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Jurisprudence Analysis On The Protection Of The Rights Of Landless Peasants

Posted on:2015-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y LinFull Text:PDF
GTID:2296330431987863Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"Land-lost farmers" the word is getting more and more attention, this is the result ofthe urbanization in our country, is also a important problem that cannot be ignored in theprocess of urbanization. Security related rights of the farmers, which is produced in theprocess of land expropriation must be done.In this paper, a full reference for the research methods and results, in addition to theintroduction and conclusion part, mainly from the aspects of the four discussed therigorous analysis:The first part is the definition of the concept, first of all is the meaning of landlesspeasants, according to the related research achievements of scholars in our country atpresent, the landless peasants concept does not have a unified model, mainly analyzes fromthe general sense, the sociological significance, the meaning of law. This paper is mainlyon the research of landless peasants from the perspective of law. Study of any problems arestudied based on the meaning clear, only a clear research object concept, in order to cleardirection.The second is the study of the characteristics of landless peasants, any group hasits different from other groups of features, as farmers, a most important feature is theidentity of the farmers, but lost the peasants should enjoy the right to the use of the land,the body part of this paper mainly from four analysis of the characteristics of land lostfarmers. Thirdly, this chapter also studies the right meaning and scope of the rights oflandless peasants. Range of landless peasants rights is mainly from the peasants shouldenjoy the fundamental rights and farmers should be to focus on two aspects to analyzeother rights.The second part mainly analyses the rights of landless peasants from the perspectiveof jurisprudence legitimacy, legitimacy and the related theory of value. Firstly, the relatedto justify the existence of landless peasants rights discourse from the perspective ofjurisprudence. Analysis of the landless farmers should have the living conditions and socialstatus. Finally, this article from the perspective of the theory of legal value of protection offarmers rights, including human rights value, equal value and the freedom value. Anyrights are theoretical basis of its existence, the human rights theory is one of the mostimportant value of theory, when the existence of social vulnerable groups, put forward thetheory of human rights is more important. What is equality, from a legal point of view can also be understood as justice, equality. Since ancient times, the social fairness and justice isthe ideal living environment which the people pursue.The third part is mainly according to the present situation of land lost farmers live,causes the peasants rights predicament and analyzed. Firstly, analysis of rights predicament,mainly is the loss of land property rights and survival rights, including the land propertyrights, labor rights, safeguard rights and other related rights; there is some political rightsweakening, mainly has the right to vote and to be elected, identity equality, freedom ofassociation. Secondly, analyzed the reason of the dilemma arising from the land, therelevant laws and regulations be congenitally deficient,"public interest" is not clearlydefined, the compensation standard of land expropriation is not appropriate. Finally,through the study of the problem of landless peasants in foreign countries, analysis ofworthy of our reference.
Keywords/Search Tags:Landless peasants rights, legitimacy and rationality, legal value, and improvethe mechanism
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