Research On The Legal Security System Of Land Rights For Landless Peasants

In recent years, the urbanization in China develops rapidly and a low of lands have been expropriated. The increase of landless peasants has become one of the negative effects resulted from the quick development of urbanization construction. The social problem resulted from the invasion of the land rights for the landless peasants gradually becomes one of the current urgent problems that undermine social stability.Firstly in my research, the concept of landless peasants is defined and the fundamental rights must be enjoyed by the landless peasants are presented. The legal status of the landless peasants in China has been analyzed. They are defined as a type of special vulnerable groups. Besides, some theoretical foundations related to this research have been stated, which include the principle of equality of property right, of public interest, of one thing, one right and of public show and public faith in Law of Property and the principle of equality and efficiency in Law and Economics. The significance of these theoretical foundations to rights protection system of landless peasants also has been expounded. The foundations of social security are also presented in this section.On the basis of analyses, the causes of the social problem of landless peasants have been given and the expression forms of the invasion of the land rights of landless peasants have been summed up:land property rights are infringed and compensations are badly shrunk; the rights to social security are violated and the farmer long-term livelihood are not safeguarded; the rights to know, confirm the results and to hearing are seriously violated and the settlements of land disputes are difficult.Through detailed analysis of the current right protection system of the landless peasants in China, the defects of the current system have been disclosed. In the system of the rural land property right, the definition on collective land ownership is indistinct, the property relation of collective land is vague and the status of legal between collective land and state-owned land is disproportionate. In the system of the land expropriation right, the aim of land expropriation is flawed, the legislation of land expropriation compensation system is lagging and the procedure is injustice. In the system of social security, the social security system for landless peasants is "no legal basis" and local system exist some deficiencies. In the system of judicial relief, the litigation of land dispute is restricted and the cost of land dispute litigation is high. Finally, combining the analysis results of system and the basic theories of Law of Property and Law and Economics, Several pieces of advice is given to improve the rights protection system of landless peasants. These suggestions include perfecting the land expropriation based on public interest, illuminating the subject and object of land expropriation, perfecting the compensating measure of land expropriation, improving the land expropriation procedures and perfecting the social security system for landless peasants.