A Research On Protection Of The Expropriated Farmers' Procedural Rights And Governance Of Land Acquisition Conflicts

Under the background of the accelerating urbanization process in China,the rural land expropriation is becoming more and more frequent,but the protection of the procedural rights of peasants is still lagging behind.This is embodied in the procedural rights of the existing laws and regulations is still not implemented,the landless farmers' right to know and control inadequate,relief right,the difficulties in realizing its legitimate interests are difficult to get effective protection;At the same time,it also shows that the land expropriation law has no clear stipulation on many procedural rights,and the right of peasants to violate the illegal land expropriation has not been granted,which makes the game of land expropriation become disorderly and gray.The above-mentioned two aspects flaws with the current land expropriation conflict management problems are closely related: on the one hand,due to the lack of procedural rights of landless peasants,landless peasants can't in time to prevent the violation of local government illegal land grabs,severely damaged the interests,caused a large number of land conflict;,on the other hand,due to the law to grant the farmer's procedural rights can not implement,the legal rights and the fact that the huge gap between the induced the farmers a lot of inefficiency and even invalid rights behavior,prolonged conflict in land expropriation,become a governance problem.To solve the procedural rights of landless peasants land conflict management predicament,needs to be based on the reality of the further development of market economy in China,the law has been awarded the roots of the farmers' procedural rights to carry out the difficult.It also needs to draw lessons from the experience of American procedural rights setting and reshape the whole land expropriation process.From the perspective of empowerment and protection,it is necessary to improve the procedural rights of land expropriation,the process of procedural resistance and resistance in theprocess of new land expropriation,and the resetting of relief right after land expropriation,so as to realize the long-term governance of land expropriation conflict.