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Research On The Protection Of Land-lost Peasants' Rights In Collective Land Acquisition

Posted on:2021-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WuFull Text:PDF
GTID:2506306197490444Subject:Constitution and Administrative Law
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With the economic development brought about by the reform and opening up,the pace of urbanization in our country is accelerating,the country's demand for land in social construction is increasingly strong,and collective land is inevitably expropriated by the state.What is the status of the rights of landless farmers in collective land acquisition?Are the legal provisions and enforcement consistent or conflicting?What needs to be improved in China's relevant legal system?This article takes the current situation of the implementation of farmers 'land acquisition and the protection of landless farmers' rights in Huangping County,Guizhou Province as examples.The full text is divided into four parts except the introduction.The first part is an overview of basic theories,which provides theoretical support for thesis.The first is to explain the related concepts involved in collective land acquisition,namely ownership,land acquisition,and the rights and interests of landless farmers.The second is to explain the related theories of responsible government,property rights,relief and rights.The third is to sort out the status quo of the land expropriation system outside the region and draw a reference for China's land expropriation system.The second part is the status of farmers 'land acquisition and the status of landless farmers' rights in Huangping County,Guizhou Province.Through the collection of survey data,interviews and related cases,the specific compensation standards,compensation resettlement methods,pension insurance formulation standards,and the status of implementation of procedures and applicable laws in Huangping County,Guizhou Province were clarified.Cases and data are used to show the status quo of the implementation of the standard of compensation for expropriated people,the right to know,the right to receive compensation for resettlement,and the status of the law application of landless farmers' participation in social security and other related rights.Finally,it summarizes various legal issues reflected in the status of land acquisition and enforcement and rights protection.The third part mainly analyzes the problems and reasons of the protection of the rights of landless farmers in Huangping County based on the survey data,cases and interview materials.It is believed that: China's land acquisition system is incomplete,the subject of the review and determination of "public interest" is still uncertain,and there is no comprehensive review and determination procedure;the relevant laws and regulations are not compatible with the constantly developing social and economic status,and the relevant laws The implementation effect is not good;although the right to information and participation of landless farmers are provided by relevant laws and regulations,the implementation is useless.The setting of rights stays in the form without real realization and protection.In addition,it lacks a complete relief system.There are major problems in protecting the rights of landless farmers.The article pays insufficient attention to the employment and future development of landless farmers,and the right to social security;the value of land continues to rise,farmers receive lower compensation and it is difficult to protect their lives,and even affect future pension issues;the new revised Land Management Law in 2019 How will the enumerated definition of the public interest be implemented later? The issues of land-lost farmers' participation right,compensation and resettlement,labor employment and future development guarantee in the process of land acquisition compensation implementation are analyzed.The fourth part is the focus and innovation of the article,mainly discussing the legal countermeasures for the protection of the rights of landless farmers in the expropriation of collective land.A perfect rural land expropriation system is not only conducive to the smooth progress of national land expropriation and economic development,but also to the protection of the interests of landless farmers.The article believes that China's rural land expropriation should propose a more targeted legal system,combined with the new revision of the "Land Management Law" in 2019,it is proposed that the "public interest" change from a generalized to an enumerated form,specific rules should be refined,and the "public The "interests" review and identification subject,formulate review and determination procedures,and make professional choices for the execution subject.Compensation standards are formulated to include the future value-added income of the land and market prices as reference factors.A comprehensive standard model with multiple standards can be implemented.Article 47 of the Land Management Law can be improved and the compensation standard can be achieved through multiple approaches.More reasonable and fair.For rights protection and relief,we can combine the newly revised "Land Management Law" in 2019 to improve the hearing procedure of "front of the expropriation compensation and resettlement agreement",include stakeholders into the hearing subject,and better protect the citizens' right to know and participate The realization of the above,while building a diversified dispute resolution mechanism.For landless farmers 'employment,future development,and social security rights,specific,flexible,and phased adjustments should be made in accordance with the current social development status to solve the landless farmers' employment rights,and at the same time,the special social security of landless farmers should be solved according to the time and local conditions.,To solve its future development rights and pension problems.In the future,how to effectively balance the relationship between stakeholders in national land expropriation,highlight the basic principles of fairness and efficiency,and adhere to the rule of law thinking,problem-oriented,system innovation,and steady progress in the legal issues arising from the rural land expropriation Realizing social harmony and stability and guaranteeing the rights of landless farmers will be of great significance.
Keywords/Search Tags:land expropriation, public interest, Rights of land farmers, expropriation compensation
PDF Full Text Request
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