Research On Legal Problem Of The Farmer Rights And Interests Protection Of Rural Land Expropriation In China

Since the reform and opening up, especially after the constitution amendment provided that the land usage right can be transferred, the land demand has been on rise.Facing the enormous land demand,which obviously can not be met by the state owned land, therefore, the central government had to acquire large amount of collectively-owned land of farmers.Admittedly, the prosperity of land market helped improve the economy development. However, it caused quite a few social contradictions. The reason is that the land acquisition system formed in the planned economy is still used for the land acquisition in the current market economy.Therefore, in practice, the following problems occurred: small range of expropriation compensation, low expropriation compensation, lack of right relief measure and so on. Many petitioning and mass meeting issues resulted from the contradictions caused by the land acquisition. How to regulate and control the relations of the stakeholders in the state land acquisitions and demonstrate fairness and justice of land acquisition system is important subject in the construction of socialist of rule of law.On the basis of borrowing previous research achievements, this paper analyzes the problems existed in the current land-expropriation system, and puts forward the corresponding solutions. Overall, this paper is divided into four parts: the first part is mainly to define the legal concept of rural land-expropriation, to identify peasants’ main rights protected in land-expropriation, and to investigate the current situation of peasants’ rights protection in land-expropriation of Bijiang district. The second part is mainly to analyze the actual situation about the damage of local peasants’ rights in the implementation process of current land-expropriation system. Very often, the objective of land-expropriation is beyond the scope of public interests, abundant farmland is left unused, the implementation procedure of land-expropriation is lack of supervision and its transparency is not high, the scope of compensation is narrow and its standard is poor. The outstanding problem in Bijiang district is the monetary resettlement, resulting in the difficulty to safeguard peasants with lasting livelihood,the ambiguity of compensation objects and the lack of right relief. The third part is to learn the system of land-expropriation from Germany, Taiwan and Hong Kong, and to provide feasible reference for perfecting the safeguards of peasant rights in our country’s land expropriation. Combining with foreign advanced land-expropriation,the fourth part is to put forward the safeguards for peasants’ rights in accordance with the actual situation of Bijiang district and actual conditions of China, mainly including setting up the negotiation procedure prior to the expropriation, improving the means of right relief, defining the compensation object, increasing compensation standard,empowering land buy-back right to peasants, adopting comprehensive measures of compensation and arrangement, training lost-land peasants for re-employment...