Study On Legal Mechanism Of Protecting Farmers' Land Rights In The Process Of Farmland Expropriation

Land expropriation has solved the demand for land for urbanization development,but it fails to effectively protect farmers' land rights.The current situation of land rights protection for land-expropriated farmers is not optimistic.On one hand,excessive land expropriation leads to serious idle and waste of land resources.On the other hand,after land expropriation,pure agricultural families have low ability to resist risks,and it is difficult for farmers to integrate into cities.Wuwei city is a typical agricultural city in western China.The problems in the process of urbanization in western China can be seen from this.If these problems are not solved in time and effectively,it will inevitably have a negative impact on the land rights and interests of farmers who have been expropriated in wuwei city,leading to an increase in social conflicts,affecting overall social stability and economic development.We conducted a field survey about six towns and villages in Liangzhou district of Wuwei city.We had a comprehensive grasp of the social and economic situation,land expropriation compensation and farmers' land rights protection.The analysis found that the land rights and interests of farmers in Liangzhou district were infringed mainly from the following four aspects.First,the legal system of farmland property rights is defective,which leads to the problem that the ownership rights of farmland property rights are not clear and the ownership rights are defective.Second,the legal system of land expropriation is defective,which leads to the abuse of "public interest" and the defective land expropriation procedure.Third,the legal system of farmland compensation is defective,which leads to the deviation of land expropriation compensation from market value,compensation standard and unreasonable allocation of compensation.Fourth,affected by the urban-rural dual structure,the free movement of urban and rural population is restricted,and the social security system of land-expropriated farmers has certain limitations.The law balances the social interest relations,the the protection of farmers' land rights must rely on the legal power.Therefore,it is extremely urgent to construct a sound legal mechanism for the protection of farmers' land rights from the following three aspects: perfecting the legal system of land expropriation,eliminating the restrictions of the urban-rural dual structure,and improvethe mechanism for settling disputes over farmland expropriation...