Studies Of Issues Of Rural Land Expropriation And Human Right Protection

By 2009, China's urbanization rate has been 46.6%. According to the blue book of Chinese cities in 2010 published by the Chinese academy of social sciences, during the 12th five-year-plan period, China will enter the new stage of dual transformation of urbanization and urban development, in which the urbanization rate will get up to about 52% by 2015 and 65% by2030, with the urbanization rate expected to be increased 0.8-1.0 percentage points every year on average. Due to the tight supply of exiting urban construction land, large-scale land expropriation follows consequentially the rapid growth of urbanization, which means more and more peasants have lost or will lose what they live by. However, it is the imperfection of our land-expropriation legal system that leads to peasants' rights and interests violated, which has triggered growing number of disputes and controversies, seriously affecting the stability and harmony of our society. Therefore it is imperative to reform and perfect land-expropriation legal system, by defining the prerequisite, designing fair procedures, establishing reasonable compensation mechanism and improving the remedy for landless peasants, to strengthen the human right protection of landless peasants, promoting economic and social development while guaranteeing equity and justice.This dissertation is divided into six parts. The first part introduces the background and significance of the topic, literature review, research methods and innovations. The second part outline of rural land expropriation system discusses the meaning and characteristics of rural land expropriation and the discrimination between land expropriation and land acquisition, analyzes the nature and legal basis of rural land expropriation, and finally reviews the history of the rural land expropriation in China. The third part the existing problems and their causes of human right protection in rural land expropriation, illustrates the necessity of the human right protection in rural land expropriation process, and then analyses and points out the specific manifestations and the causes of the conflicts of rural land expropriation and human right protection of landless peasants. The fourth part overview of extraterritorial land expropriation system and its inspiration mainly introduces the land expropriation system in America, Germany and Japan, aiming at improving human right protection in rural land expropriation in China by absorbing advanced experience overseas. The fifth part improving measures of human rights protection in rural land expropriation gives some specific proposals to strengthen and improve human rights protection in rural land expropriation. The sixth part is conclusion and this part summarizes the main content of this dissertation and looks into the future, expecting a separate land expropriation law.