Study On Protecting Peasants' Rights And Interests In Collective Ownership Land's Expropriation

Legal protection on peasants' rights and interests of collective ownership land's expropriation has long been neglected.Effected in 2020,Land Administration Law of the People's Republic of China made some new stipulations on collective ownership land's expropriation,which protects the peasants' rights and interest to some extent.But this is not enough,there are still problems in the legal protection of peasants' rights and interests.Analytic methods like system analysis,history analysis and empirical analysis are used in the thesis,to show the problems encroaching on peasants' rights and interests of the collective ownership lands' expropriation system,to analyse why the neglect exists,and to offer advises to solve these problems.The ariticle is discussed in the following four sections:The first part introduces that peasants are underprivileged in modern society,and their rights and interests are not well protected in collective ownership land's expropriation.The second part is the problems on collective ownership land's expropriation,which include the poor calculation standard of compensation,rights to know and to participate are not well protected,illegal actions taking place frequently even they are forbidden by the law,the loose requirement of compulsory land purchase making expropriation an easy thing for which lots of collective ownership lands were taken by the local government.The problems of collective ownership lands' expropriation system infract farmers' uzufruct of the collective ownership lands,ownership of ground attachments,right to know and right to participate.The third part analyzes reasons of why peasants' rights and interests are infracted,which are: the law system partial to local governments,the local governments achieve huge gains from the collective ownership lands' expropriation and the difficulties in judicial system for peasants to win the suit against local governments.Peasants' interests and rights are poorly protected for defects in legislation,such as the omission of a national legislation on collective ownership land expropriation,the history of lowcompensation,peasants' limited real right of land,the history of neglecting procedural law and the inaccurate definition of public interests.Local governments are enthusiastic in collective ownership land's expropriation because they are empowered to take the land and they benefits from selling the usufruct of land.In terms of judiciary,the hardship in protecting rights against illegal expropriation lies in low compensation for illegal expropriation,peasants' inadequacies in securing their rights and defects in legislation system.The forth part affirms that more attention should be paid in protecting peasants' rights and interests in the expropriation,by making improvements in legislation,law-enforcement and judiciary.