Landless Peasants In The Land Expropriation Property Rights Protection

Mitchell’s 《gone with the wind》has described in the land: the only thing in the world to go to work, to fight the thing is the land, and even gave his life for only land is eternal. It’s enough to show the importance of land, especially in our country as an agricultural country, in the importance of rural land is self-evident. Land as farmers the most basic survival and life information, most of their activity occurred in the land, food, clothing, shelter, rows cannot leave the land. However, at present in China, the government of the rural land levy triggered a series of social problems, which not only caused of waste land, the consequences of the land market is not standard, more serious is infringed farmers’ basic rights. With soaring house prices in recent years, the government also continued to rise in the size and speed of land expropriation, land expropriation and the problems in the concentrated outbreak, led to the emergence of a series of social contradictions, serious threats to the fundamental rights of citizens, which affects the stability of the social stability and national harmony. A large number of land-lost farmers lost their basic survival depends on, as a social vulnerable groups, the rights and interests should be secured. The third plenary session of the 17 th communist party congress pointed out: to reform the system of land expropriation, on the basis of public welfare strictly defined above, the scope of land requisition gradually narrowed, perfecting the land requisition compensation mechanism. Eighteen big report of land expropriation system reform, also improve the value-added profit of farmers and question to give a high degree of attention. As a socialist country under the rule of law in our country, the practice of the concept of the rule of law, based on the current our country about the protection of property rights of the landless farmers’ legal system imperfect, decide we want through perfect laws to safeguard the legitimate rights and interests of farmers, and to give farmers love, raise compensation for farmers, let them in every time a perception of fairness and justice, the protection of their legitimate rights and interests of all. This paper consists of five parts.The first part is introduction. The introduction section in the selected topic background, the significance of topic selection and research to solve problems were discussed on the basis of the writing conception and basic idea of this article has carried on the explanation.The second part, the main content is to protect farmers’ rights in the process of land expropriation in general summary of the problem. First of all, on the connotation and characteristics of land expropriation, and expatiates on the theoretical basis of the legitimacy of land expropriation. Secondly, this paper expounds the content of real right of the landless farmers in the process of urbanization and landless peasants of the basic theory of property rights should be protected as well as the significance of strengthening the protection of farmers’ property rights.The third part, the present situation and reasons of lack of farmers’ rights in land expropriation is analyzed. Landless peasants in the process of urbanization of the present situation of the real right infringement mainly include: serious disorderly and unauthorized use, farmland area. Compensation standard is too low, the compensation cost is difficult to reach the designated position, long-term livelihood security of landless peasants, ground unemployment situation grim, etc.The fourth part, from the foreign land expropriation lesson measures are beneficial to the protection of property rights of farmers. This article mainly from Japan, Germany, the United States, Britain, the public welfare purpose, due process and fair compensation to draw lessons from three aspects.The fifth part, in view of the protection of real right of the landless farmers put forward corresponding countermeasures. Not only put forward the countermeasures from the aspects of entity and perfect Suggestions are put forward from the aspects of application.