On The Legal Protection Of The Rights And Interests Of Landless Farmers And Herdsmen In The Tibet Autonomous Region

As Tibet speed up the pace of urbanization,more and more farmers and herdsmen in Tibet have lost their land as the main guarantee of life.The legal protection of the rights and interests of the landless farmers and herdsmen in Tibet has been put on the agenda,and it has become an urgent and new subject.Therefore,based on the status of the legal protection of the rights and interests of the land lost farmers in Lhasa,this paper puts forward the concept of improving the legal guarantee system of the rights and interests of the land lost farmers and herdsmen in our district in view of the problems and shortcomings of the legal guarantee of the rights and interests of the land lost farmers and herdsmen in the land expropriation.This paper mainly studies the legal protection of the rights and interests of land lost farmers and herdsmen in the Tibet autonomous region.It mainly uses literature,theoretical analysis,comparative research and other methods to understand the theory and practice of the legal protection of the rights and interests of land lost farmers and herdsmen at home and abroad.On this basis,the field visits and investigations are carried out on the basis of the questionnaire investigation.The present situation of the legal protection of the rights and interests of the farmers and herdsmen is discussed,and the deep reasons are discussed.At the same time,on the basis of the advanced experience of other countries and other parts of the country,the countermeasures and construction of the legal protection of the rights and interests of the farmers and herdsmen in our area are put forward.The main contents of this paper are as follows:In the first part,the concept and characteristics of land lost farmers and herdsmen are analyzed from the perspective of law.In the process of speeding up the process of urbanization,the loss of land by farmers and herdsmen not only means the loss of important life security,but also loses other rights and interests attached to the land,such as the right to employment,property and social security,as well as the rights of employment,property and social security.A disadvantaged group bounded on the edge of the peasants and the citizens.The second part,through the analysis of the data collected by the questionnaire survey,summarizes the status and causes of the legal protection of the rights and interests of the land lost farmers and herdsmen in Lhasa,and holds that the legal protection of the rights and interests of the land lost farmers and herdsmen in Tibet has made remarkable achievements in the basic rights and interests,the right to know,and the development of the collective economy of the village level,but there are also land expropriation.The compensation standard is low,the form of compensation is mainly based on monetary compensation,the form of compensation has not been diversified and the social security system has not been established effectively.Especially,it is not sufficient to establish a special old-age security system for the special group of farmers and herdsmen in Tibet.In the process of land expropriation,the farmers and herdsmen in Tibet are in a passive state,and the legal protection of the related rights and interests is difficult to come true.After the land expropriation,because of the low compensation standard carried out by the Tibet government,the form of compensation can not be diversified,and the local government functional departments of Tibet have not been able to follow the follow-up work to Tibet.The establishment of a special social security system for landless farmers and herdsmen led to the loss of farmland in Tibet,and it was difficult for them to maintain a high standard of living for a long time.All of these are closely related to the imperfect legal system of land acquisition in China.The third part,based on the status of the legal protection of the rights and interests of the farmers and herdsmen in Lhasa,based on the successful experience gained in the legal protection of the rights and interests of the land lost farmers and herdsmen at home and abroad,the five ideas are put forward to solve the legal protection of the rights and interests of the land lost farmers in Tibet: first,to perfect the land property rights from the institutional level;and two from the state law.At the law level,the law of land expropriation is perfected,and the new mechanism of land expropriation compensation disputes is explored in Tibet;three is to create a diversified compensation mechanism for land expropriation suitable for Tibet autonomous region,including the compensation standards formulated to consider the market value of land expropriation and the compensation form of local land expropriation in Tibet.The four is the form of social security tailored to the landless farmers and herdsmen in Tibet.The five is to focus on the failure of employment training for land lost farmers and herdsmen.In the process of writing,this paper takes theoretical analysis as the main body,field survey data and visits to supplement the status of the legal protection of the rights and interests of land lost farmers and herdsmen in our district,and find the reasons for the problem.At the same time,through comparative study,this paper analyzes the successful experience of the legal protection of the rights and interests of land lost farmers and herdsmen at home and abroad,and seeks to enlighten the countermeasures and ideas of protecting the rights and interests of the landless peasants in Tibet from the legal point of view.