Font Size: a A A

A Study On The Legal Protection System Of Farmers' Rights And Interests In The Process Of Collective Land Expropriation In Rural Areas

Posted on:2019-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:J C HanFull Text:PDF
GTID:2416330548466228Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China is a large agricultural country,and the rural population occupies a large proportion in the total population.For a long time,the "three rural" problem is a major problem facing our country.In the face of the large population base and the scarcity of land resources,China has implemented the land policy that the urban land belongs to the state and the rural land belongs to the collective ownership,and stipulates that the collective land can not be traded.In such an environment,if we need to change the use of rural collective land,it is necessary to carry out collective land expropriation.Collective land expropriation is a kind of government behavior that the state gains compulsively for the rural land owned by the state and gives the rural collective certain compensation for the public interest.Most of the peasants in our country live in the countryside,and they depend on the land output to maintain their life.Leaving the land will lead to the difficult guarantee of their basic life.The existing land expropriation system in China is not perfect.Despite the corresponding compensation,the current policy has a narrow scope of compensation and low compensation price,which often causes damage to farmers' rights and interests in the process of land expropriation.At the same time,most of the farmers in China are poorly educated,so it is difficult to maintain their rights and interests,and lack of means of livelihood,resulting in their failure to maintain their normal life after leaving the land,which leads to a series of social problems.Therefore,it is of great practical significance to study the system of land expropriation in our country and to explore the legal system of protecting the rights and interests of farmers.In the introduction part,the author will explore the concept and characteristics of rural land expropriation,analyze the legal basis of land expropriation in China,and explain the necessity and importance of protecting farmers' rights and interests according to law.In the second chapter,the author will start from the dilemma existing in the protection of farmers' rights and interests in the process of collective land expropriation in China,analyze the causes of the dilemma and explore the root causes of the problem.In the third chapter,the author investigates the legislative and practical experience of land expropriation in foreign countries,mainly in anglo-American law system and continental law system,in order to provide useful reference for China's land expropriation activities.In chapter four,the author discusses the basic principles that should be followed in the process of collective land expropriation,and probes into the construction of legal system concerning the protection of farmers' rights and interests in the process of collective land expropriation in China,aiming at effectively safeguarding farmers' personal and property rights,solving their livelihood problems after land expropriation,and further promoting the comprehensive construction of a well-off society and the construction of a socialist harmonious society.
Keywords/Search Tags:Collective land expropriation in rural areas, Farmers, Security system
PDF Full Text Request
Related items