Research On The Protection Of Farmers’ Rights And Interests In The Acquisition Of Rural Collective Land

At the Fifth Plenary Session of the 19 th Central Committee of the Party,General Secretary Xi Jinping put forward the major decision of "giving priority to the development of agricultural and rural areas and comprehensively implementing the strategy of rural revitalization",and made the resolution of the "three rural issues" the top priority of our party’s work.The expropriation of rural collective land,as an important aspect of solving the "three rural" issues,has great strategic significance at present.However,in the current process of rural collective land expropriation in my country,due to the lack of a certain degree of deficiencies in the expropriation rights protection system for land-expropriated farmers,the phenomenon of personal legal rights and interests of farmers has been damaged one after another.If it cannot be properly resolved,it will inevitably lead to a series of problems.Contradictions and disputes between the land-expropriated farmers and the expropriation department.At present,the legislative,administrative,and judicial departments of our country have begun to pay attention to the rights protection of farmers whose land has been expropriated,such as the improvement and revision of the "Land Administration Law of the People’s Republic of China",some local governments have issued relevant documents regulating the expropriation work,and the judicial department is for the farmers whose land has been expropriated.Litigation provides more convenient litigation services and other methods.However,judging from the practice of expropriation work,there are still some problems that need to be improved.First of all,at the legislative level,collective land acquisition still lacks a unified legislative structure.The relevant expropriation regulations in various regions are neither unified nor perfect,and the differences are obvious.The legal provisions on the vital interests of farmers are not clear,especially on the issue of land acquisition compensation.Legislation is urgently needed.Construct a scientific distribution mechanism;secondly,at the administrative level,the government and its expropriation department are the subjects of expropriation.There is a single channel for resolving expropriation disputes during expropriation.The reconsideration and rights protection of land-expropriated farmers are not unified,and the means of administrative mediation to resolve disputes need to be improved;Thirdly,at the level of judicial litigation,administrative litigation is in a passive situation under the current existing model of "plaintiffs sue,court accepts,and defendants responds".It is difficult to resolve contradictions effectively,and the degree of coordination between litigation procedures and expropriation is low,and collective land expropriation The abuse of expropriation power by the middle sector harms the public interest and lack of regulation.Finally,at the social level,many non-profit social organizations cannot effectively intervene in expropriation and resolve contradictions,and the land-expropriated farmers lack social protection attention to their rights.Based on the analysis of the above problems,this article discusses how to improve the protection of farmers’ rights and interests in collective land expropriation.First,the leading role of legislation must be further brought into play,such as formulating relatively clear and unified collective land acquisition and compensation laws and regulations,and perfecting the compensation distribution and guarantee mechanism for rural collective land acquisition to the greatest extent.Second,the administrative expropriation department should summarize the practical experience of collective land expropriation and integrate the administrative reconsideration system to ensure the unified and effective progress of the reconsideration work;establish an administrative mediation system for land expropriation disputes;clarify the law enforcement responsibility system for expropriation work and optimize the work process To protect the legitimate rights and interests of land-expropriated farmers.Third,by optimizing the land expropriation litigation process to protect the legitimate rights and interests of the farmers whose land has been expropriated;setting up a professional land litigation trial method to carry out "litigation mediation";at the same time,through procuratorial public interest litigation,the abuse of expropriation power and harm to the public interest And the behavior of collective lawful rights and interests shall be regulated.Fourth,play the active role of social welfare organizations to promote the resolution of conflicts and disputes in expropriation,so as to better protect the legitimate rights and interests of land-expropriated farmers.