Study On The Legal Issues Of The Protection Of Famers' Rights And Interests In The Expropriation Of Agricultural Land In China

Urbanization is the only way to realize modernization.In the process of promoting urbanization,there is a large demand for construction land.In the case of insufficient urban stock land,the state will convert collective agricultural land into state-owned construction land through expropriation.During land acquisition,a large number of land expropriated farmers have emerged.The peasants not only lose land,at the same time,they lose a series of rights and interests attached to the land.Due to the imperfection of the land acquisition system,the farmers in our country cannot get reasonable compensation and resettlement after the land acquisition,coupled with the imperfection of the existing social security mechanism of the expropriated farmers,resulting the expropriated farmers' life cannot continue after losing the land,resulting in a large number of social disputes.Therefore,how to protect the rights and interests of the land expropriated farmers is of great significance in practice and theory.This paper takes the collection of agricultural land and the protection of farmers' rights and interests as the starting point,comprehensively uses the concept analysis method,the normative analysis method and the literature research method,takes the land collection system,the social security system and the relief system as the main analysis object,deeply explores the causes of the damage of farmers' rights and interests,and puts forward the corresponding countermeasures.This paper is divided into four parts.The first part: Introduction.It mainly describes the research background,research significance,research status,the author's ideas and research methods.It establishes the basic theoretical framework for the thesis.The second part: The basic theory of farmers' rights and interests protection in the collection of agricultural land.First of all,clear the concept of agricultural land acquisition,as well as the characteristics and nature of agricultural land acquisition.Secondly,the rights and interests involved in the collection of agricultural land should be clarified.Finally,it discusses that there are conflicts of interest among the interest subjects in the process of land acquisition,which need to be adjusted by legal means.The third part: The current situation of the protection of farmers' rights and interests in the collection of agricultural land.This paper analyzes the reasons why farmers' rights and interests are not effectively protected in the process of land acquisition,and finds that the reasons mainly include the following four aspects: first,the land acquisition compensation and resettlement system is unreasonable.Second,the collection procedure is not perfect.Third,the rural social security system is not perfect.Fourth,the relief mechanism is not perfect.The fourth part: Specific ways to protect the rights and interests of farmers.First,improve the compensation and resettlement system for land acquisition.Formulate reasonable standard of expropriation;improve the distribution and supervision system of the expropriation compensation money;determine the unified standard for the qualification of collective membership;enrich the compensation and resettlement methods.Second,Improve the procedure of agricultural land collection.We should improve the system of information-open and the system of public participation.Third,improve the social security mechanism of the farmers who have been expropriated.Fourth,build a perfect relief mechanism.Improve the judicial relief mechanism;improve the administrative relief mechanism.