Farmers’ Rights Protection Research In Land Expropriation

At present our country industrialization and city urbanization speed, the scale, speedand range of land is also growing. The problem of land expropriation caused a series of socialconflicts, social contradictions will affect the stability and harmony of the rural stability andsocial. In such a social background, it will produce a large number of landless peasants, theyare vulnerable groups of society, lose the ability to land would mean the loss of survival.Therefore, the issue of farmers’ rights becomes very important in land expropriation. China istrying to build a socialist country under the rule of law, in order to strengthen the rule of law,the love of Law Society to farmers, dissolve the contradiction of rural society, it must usethe law to the legitimate rights of landless peasants. To eliminate the landless peasants ofunfairly treatment, let them feel real justice. To promote the development of society andeconomy. But, now legal protection system of farmer’ rights is not very perfect in landexpropriation, how to protect the rights of landless farmers related directly to nationaleconomic development and social stability in rural areas, for the construction of a harmonioussociety and building a well-off society has important significance.This paper consists of five parts.The first part, this part mainly discusses the purpose and significance of the researchtopic, background, elaborates the viewpoint and methodology.The second part, this part mainly explains the general problem for the protection offarmers’ rights in land expropriation., include the land expropriation and the rights offarmers.The part mainly explains the connotation and characteristics of land expropriation:the theory of the state sovereignty;the limit of the state sovereignty. The content of the rightof farmers and theoretical basis of the rights of farmers in land expropriation. Right is themain content: the right to know and the right to confirm, seeking reasonable economiccompensation rights, participation rights, the right to dissent, refused to right, supervisionright, the right to seek relief. The theoretical basis is: the theory of rent; the theory of city;the theory pubic expropriation compensation;the theory of the land social security. The third part, the present situation and causes of the lack of farmers’ rights in landexpropriation is analyzed. In land acquisition farmers facing difficulties mainly include: landsize increase, the decrease of cultivated land; land expropriation compensation is less, thesurvival and development of the threatened; reemployment rights can not be guaranteed;social security is not in place and other issues. The main reason is: land acquisitionpurposes is not clear, the lack of protection of the land requisition procedure, the collectiveownership of land property right is not clear, the scope is too broad, unreasonable landexpropriation compensation, relief channel is not smooth.The fourth part, summarizes the beneficial experience of foreign countries protect therights of farmers in land expropriation. This article mainly from three aspects of landexpropriation purpose and scope, the process of land expropriation, land expropriationcompensation starting, selected Germany, Japan and American comparative analysis.The fifth part, put forward the perfect suggestions to protect the rights of farmers inland expropriation. Mainly from the entity and procedure in the two major aspects of the landexpropriated farmers rights protection put forward a sound proposal, the main contentsinclude: strict limits to the public interest, improve the rural collective property rights,improve the level of land compensation and resettlement fees, improve the land acquisitionprocedures, improve the landless peasants social security system, the establishmentof reemployment mechanism for land requisitioned farmers.