A Case Study Of The Farmers’ Compensation For Land Requisition In Yubei District Of Chong Qing

In recent years, with the unceasing enhancement of the urbanization rate, the living standards of farmers are also increasingly witnessing improvement. In the process of promoting the urbanization development, land requisition serves as an important prerequisite to achieve the development goals of urbanization. Therefore, as a national administrative act, land requisition should not only ensure that the warning line for 1.8billion mu of arable land can not be surpassed, but attach importance to the living standards of farmers. Currently the country’s era of binary structure between urban and rural areas is over with regard to policy, but still facing a grim situation, for the income gap between urban and rural areas is gradually expanding. In addition, the intensity of land requisition continues to increase, thus leading to the increasing number of landless farmers. Since a large number of rural people flock to the cities, many issues such as farmland utilization rate, employment of farmers, living security and the roles and functions of the government in the land requisition process need to be taken into consideration. However, under China’s current legal system, the rights and interests of the landless farmers could be guaranteed, but facing many problems due to the imperfect development of land requisition system and the non-standard procedures for these issues, thus being extremely detrimental to the agriculture and construction development of the country. Therefore, it is difficult for farmers to safeguard their own interests through truly effective legal means, which is not conducive to building a harmonious society.Yubei District is a significant urban district which develops the "Land Ticket" in Chongqing Municipality. In recent years, with the rapid economic development, the urbanization rate in Yubei District ranks in the forefront within the whole municipality. In the context of developing urbanization, there are inevitably some problems existing in the land requisition process. In accordance to the existing status quo of Yu Bei District ’s institutional change, this thesis aims to use the following research methods, namely, structure construction, literature review, field survey, and comparative analysis to put forward and describe the existing problems in Yubei District, such as the farmers’ living conditions after the requisition, the definition of "public interest " and the issues of legal uncertainty, the perfection degree of land mechanism, the establishment of farmers’ subject rights and interests, the present contradictory problems for service-oriented governments in land requisition process.therefore,with regard to the above mentioned issues, this thesis would conduct analysis of the causes and the countermeasures respectively. Therefore, this thesis puts forth that it is necessary to clearly define the scope of “public interest” in the land requisition process, that the farmers’ subject rights and interests should be under fully effective protection and that a comprehensive monitoring mechanism should be established, thus bestowing farmers the right to participate fully in the decision-making power. Meanwhile, effective compensation standards should be formulated in an all-round way and the legal system should be perfected correspondingly so that the subsequent life of farmers could be effectively guaranteed. In addition, the government should attach importance to its change of function, shifting from a management-oriented government to a service-oriented government, so as to clarify the land property issues and intensify the construction of legal system, thus fundamentally excluding the difficulty and anxiety of farmers by providing effective protection for the lives of farmers.