Font Size: a A A

Research On The Rights System Of Farmers In The Urban And Rural Construction Land Linked System

Posted on:2017-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:K DuFull Text:PDF
GTID:2296330485963938Subject:Law, Economic Law
Abstract/Summary:PDF Full Text Request
In China, the Urban and rural construction land linked system (hereinafter referred to as the "pothook") is in order to realize the basic national policy of protecting cultivated land. It is the system arrangement under the background of contradiction between the insufficient supply of the urban construction land and the idle land of rural construction land. So far, it Basically solved the problem of urban construction land index shortage and the problem of lack of funds in rural development, also realized the basic realization of the urban and rural development, optimizing the layout of urban and rural construction land and improving the land intensive utilization level,basically the rational use of resources. But there are also a series of problems, the nonstandard operation in projects problems and the damage of the peasants interests problem are mainly problems. The former problem mainly includes the declaration after the implementation, unauthorized expansion of project scale, seeing the quantity and paying no attention to the quality in the process of reclamation, hooking index not timely return etc. problem. With the continuous improvement of the "pothook" this problem gradually improved. But the issue of the protection of the rights of farmers has still not been resolved, sometimes, we still can see the examples that the Lawman demolish the village against the wishes of farmers, demolish houses and so on.How to ensure the interests of farmers has become an important factor in the increase or decrease of the policy can be further implemented.The hook is a new era of social development of a far-reaching institutional innovation, the successful implementation of this system requires not only the perfect design of the system itself, with more dependent on a series of related systems. For example, with the implementation process linked to the system violating the rights and interests of farmers need to improve the relief system, after the implementation of the project needs to be perfect social insurance system, etc.. So, the damage to the interests of farmers of linked problems not only confined to the hook of the system itself, more need to study the relevant system problems.In this paper, we take the "what-why-how to do" research ideas. First, what are the violations of farmers’rights. Mainly, procedural rights include lawman neglects farmer’s right to participate; project implementation stage, resettlement compensation standards unreasonable, the new homes infrastructure is not perfect and reclamation of land management authority in the disputed. Substantive rights include land value-added distribution of income inequality, the demolition of farmer life pressure change, the social security system is not perfect and so on. Second, what are the reasons for the farmers’ rights and interests in the linked project. There are many reasons, both increase and decrease of the hook system itself, such as:the role of the government position deviation, increase or decrease of the system procedures are not standardized and the lack of a sound evaluation and evaluation mechanism. More changes linked to the system, such as:the lack of rural housing land property rights system, the lack of effective convergence of urban and rural social security system and the relief system is not perfect, and so on. There are other aspects of the reasons, such as farmers’ rights consciousness, lack of the organization and structure of two in urban and rural areas development ignored farmers’ rights. "How to do", that is, the specific measures, for the analysis of the previous increase or decrease in the system of farmers’ rights and damage to the farmers’ rights and the reasons for the damage, specific issues, specific analysis, put forward the countermeasures. In put forward to perfect linked to changes in the system level to make clear the local government’s role, improve linked to changes in the program and the construction of scientific evaluation mechanism; perfect linked to changes in the system level put forward to perfect the rural land property rights system, introduced the system of land development rights, perfection of farmers for the major issues of participation system, improve the social insurance system and perfect the relief system of the rights and interests of farmers.
Keywords/Search Tags:The Urban and rural construction land linked system, Procedural rights and interests, Substantive rights and interests, Protection of rights and interests
PDF Full Text Request
Related items