The Protection Of Farmers’ Rights And Interests In Land Expropriation

Since reform and opening up, the industrialization and urbanization of our country developed rapidly, plenty of land collectively owned in rural areas is expropriated as state-owned construction land. Meanwhile, with more and more farmers’land is expropriated, contradictions in the process of land expropriation gradually appeared, and many farmers legitimate rights and interests were damaged. To research the guarantee problem of peasant rights and interests is of great significance to build a harmonious society and it is important to the fast and good economy development our nation. In the process of land expropriation, farmers not only lost their land, but also lost a series of political, economical, social and cultural rights and interests that related to land. What is more, land expropriation is related to rights and interests of many aspects, and in which farmers are always in a weak position. To improve the system of land expropriation and guarantee farmers legitimate rights and interests have become the focus of experts from at home and abroad. To some extent, research on he guarantee problem of peasant rights and interests is of great benefits to deal with contradictions caused by land expropriation, and it is meaningful to complete the reasonable, standardized, and diverse compensation system, and it is beneficial to the steady and rapid development of our country’s industrialization and urbanization.This paper plans to take Zhang Jiagang, Jiangsu province for example, with referring to the practice of land expropriation in rural areas, based on related theories of farmers’rights and interests protection, and compares with the compensation principles and systems of foreign developed counties’land expropriation, applied methods of field research and case study, carefully analyzed the specific problems that farmers’ political, economical and cultural rights and interests were damaged in the process of land expropriation. The research is carried out with the protection of farmers’ rights and interests.Research results showed that:(1) The damage of farmers rights and interests is related to factors such as the shortage of land expropriation systems and land systems, land-expropriated farmers are lacking of rights protection awareness, the land expropriation supervision system is not perfect, and local governments’wrong performance concepts. (2) To protect the right and interests of land-expropriated farmer, the government must strictly limit the implement of land expropriation rights and carefully figure out the purpose of land use. Besides, the judging standards of the public’s interests and the scale of land expropriation must be strictly implemented. The price system of land expropriation must be based on the the market price system, and to establish compensating mechanism of land expropriation, and to fulfill the procedures of land expropriation, in addition, the participation right and supervision right must be ensured, and the supervision system of land expropriation of land expropriation must be completed too.