In The Process Of Urbanization Of Land-lost Farmers Endowment Insurance Law Studies

With the accelerated process of urbanization, a large number of agricultural land has been expropriated, landless peasants appeared, and then become an important current social issues. Farmers lost their land, although you can get a land compensation from the government, but because the land expropriation system problems in our country, get our hands on the real compensation is not much, plus the landless peasants on the land to feed the long-term, once lost land whose identity is difficult to convert, and how difficult re-employment, we can not guarantee the sustainable development of their future lives.Among them, the problem of landless peasants pension insurance is one of the most important, while China’s landless peasants pension insurance there are a lot of problems. Therefore, namely this background, efforts to study the process of urbanization of landless peasants pension insurance law various issues, from the sort "urbanization", "landless peasants" and other basic concept, theory find peasants endowment insurance legal system foundation and practical significance, the Status of landless peasants pension insurance and problems of the current, through a comparative study with the developed countries of landless peasants endowment insurance legal system, the author summarizes the experience and made for the construction of landless peasants endowment insurance law system response, in order to effectively protect the legitimate rights and interests of landless peasants.The first part,from the definition of "urban" and "peasants," the basic concept, theory basis landless peasants pension insurance, that is the theory of justice, human rights theory, benefit optimization theory and order theory; and landless peasants to establish Pension Insurance System necessity, points out its practical conditions have been adequate, but also help resolve land disputes and other issues, narrowing the gap between rich and poor and urban and rural areas and promoting the construction of urban and rural old-age insurance system and so on.The second part,summarizes the current status of the three levels of landless peasants of old-age insurance, namely the legislative level, the overall status and regional distinctive practice models; points out the problems that the legislative level is low, the lack of systematic, less financial input area differences, and low levels of insurance; and analysis of its causes, noted that China’s current land expropriation system and urban-rural dual mechanism that is causing the current endowment insurance of landless peasants the main reason for many problems.The third part, by introducing the experience of landless peasants pension insurance in Germany, Japan, Britain and the United States and other developed countries, we summarize the lessons I draw inspiration, namely the establishment of a wide range of government-led and landless peasants endowment insurance legal system.Finally, I propose to build on landless peasants endowment insurance legal system, adhere to government-led, multi-stakeholder involvement, the basic principles of pluralism, equitable and sustainable development, and gradually build from the relevant legislation, the insurance fund raising, management, supervision, etc. landless peasants endowment insurance legal system, and to ensure good operation and other landless peasants endowment insurance legal system by perfecting the land expropriation and a range of other complementary measures.