Landless Peasants Pension Legal System

Land, since ancient times carrying meet people live, the development needs of the major features, especially for farmers, but also to protect their pension. However, resulting in more and more in the process of modernization of farmers lost their land is being or is about to become a new vulnerable groups- the "three no staff," that is, no land, no work, no protection. In the legal sense, it refers to the loss of land and loss of range of land-related rights and special legal subjects. Their pension rights in the process even more difficult to ensure that the rights of the loss of this series. Because of China’s current urban-rural dual economic structure of society, landless peasants and urban residents can not enjoy the same pension benefits, pension issues for landless peasants did not give appropriate protection from the law. Thus, improve the legal system of landless peasants pension is necessary and urgent.First, from the meaning of landless peasants, analyzes the current status quo of landless peasants pension and flaws in China. Landless peasants pension issues have become social problems, and its interests in land expropriation process has not been reasonably maintain very close ties. The existing legal system and rural endowment insurance uneven development, Land Expropriation unconscionability, the lack of job security mechanism landless peasants, landless peasants rights of relief mechanisms are inadequate. This makes the protection of the rights of landless peasants Nanshang Nan. By examining two kinds of foreign farmers pension system: in Germany, represented by the social insurance model and in the United Kingdom on behalf of the welfare of the insurance-type pension system and our country has a certain significance. When building made of landless peasants pension system should adapt to China’s economic development as the foundation to build a multi-level, full coverage of the pension system, emphasis on national and family responsibilities should be clearly divided. Then clear legal basis and feasibility of landless peasants pension system builds. Which is the legal basis: Building landless peasants pension system is to achieve substantial justice requires, is the need to protect human rights, but also the need to maintain order; feasibility is currently already have a certain ideological basis, but also in line with the current economic basis historic opportunity to deepen reform. Construction of landless peasants pension system in favor of urban and rural social security system, to solve the "land hangover" the source, narrowing the gap between rich and poor, to achieve fairness and justice. At the same time, it is good to protect the human rights of landless peasants and the maintenance of social order. Finally, the basic principles of landless peasants pension is based on sound legal system elaborated, proposed to build a general idea. Including the main system to diversify the idea, the main path: landless peasants gradually build social endowment insurance legal system, improve the legal system for land acquisition, improve employment security system of landless peasants and landless farmers’ rights remedy legal system design. Landless peasants pension problem involves both land acquisition problems, but also related to pension issues, but the end result is that the security issues. Therefore, the only reasonable construction of landless peasants pension legal system in order to fundamentally solve the pension problem virtually landless peasants.