Study On Rights And Interests Protection For Land-requisitioned Members Of Rural Collective Economic Organization

The issue concerning "agriculture, countryside and farmers" is directly related to people’s livelihood. Farmers who have lost their land have no field, job and insurance protection, becoming a new social problem group. Therefore, how to guarantee land-requisitioned farmers’legal interests and rights becomes a major social issue and legal issue that the country and all sectors of society are concerned about. As the allocation of land compensation, allocation of collective income, distribution of collective assets and use of house sites involve collective economic organization membership, the core problem concerning land-losing farmers is the problem about the guarantee of their rights and interests, essentially the problem about guarantee of the rights and interests of land-losing rural collective economic organization members.Numerous experts and scholars have conducted in-depth theoretical studies on the issue concerning guarantee of the rights and interests of land-losing rural collective economic organization members and carried out helpful practical explorations in many regions. This paper, taking Dalian Free Trade Zone-Ershilipu town as the example and the data and information obtained through questionnaires and field interviews as the basis, elaborates on studies of relevant theories and practices at home and abroad, conducts theoretical analysis on the rights of rural collective economic organization membership, rural collective economic organization and defining of its members and other aspects, and generalizes the rights and interests of land-requisitioned rural collective economic organization members, including land contracting right to earnings, right to the use of house sites, collective income distribution right, collective affairs management right, right of compensation and resettlement for land requisition, right to know, right of supervision and other contents. Meanwhile, using international and domestic practical experience in guarantee of farmers’rights and interests for reference and based on the analysis on implementation of the policies regarding guarantee of land-requisitioned farmers’rights and interests in Ershilipu, it summarizes that the guarantee of land-losing farmers’rights and interests in China has the flowing shortcomings: there is no clear unified standard for defining the membership of rural collective economic organization; there is lack of legislation concerning rural collective land expropriation compensation; the principal role of the government in expropriation and settlement is not in place; rural collective economic organization members lack ability to safeguard their legal rights. The causes for these shortcomings lie in that China’s existing systems have flaws. Therefore, this paper puts forward efficient ways to improve the rights and interests guarantee system for the land-losing rural collective economic organization members in China, actively explores and perfects China’s system for defining rural collective economic organization members, optimizes land expropriation compensation system, and clarifies the role and responsibility of the government in the guarantee of farmers’rights and interests, in the hope that China’s land expropriation system and guarantee of land-losing farmers’ rights and interests can be improved.