Research On The Legal Issues Of Social Security In Farmland Acquisition After The Amendment Of The Land Management Law

In 2019,the Land Management Law(hereinafter referred to as the revised Land Management Law)was amended,and many new contents were added in the aspects of land expropriation,collective business construction land access to the market,and homestead reform.Regarding the reform of the land expropriation system,it mainly defines the scope of public interest,further tightens the legal procedures for land expropriation and regulates social security fees.Among them,especially in the area of social security,the principle of land expropriation is proposed that "acquisition of land should be fair and reasonable,and the original living standard of the farmers whose land is requisitioned is not reduced,and their long-term livelihoods are guaranteed." Pension subsidies and other payment subsidies have established a more comprehensive security system for land-expropriated farmers from the perspective of legislation to ensure the realization of land rights and interests of land-expropriated farmers.However,how to realize the long-term livelihood of land-expropriated farmers is guaranteed,and how to pay social security fees and other practical issues have not yet been resolved.At present,most of the researches on social security issues of land-expropriated farmers in China are from the perspective of sociology or management,and no scholars have studied the relevant issues from the perspective of the rule of law.Therefore,studying the social security issues of land-expropriated farmers can not only solve the social security issues of land-expropriated farmers,but also enrich the existing research results on the social security of land-expropriated farmers.After the land-expropriated farmers lose their land during agricultural land acquisition,not only their living standards are reduced,but also basic living needs such as old-age,employment and medical care are difficult to be guaranteed.In order to ensure that their original living standards are not reduced and their long-term livelihoods are guaranteed,the land-expropriated farmers are Comprehensive social security is the top priority.At present,the main problems in the social security of land-expropriated farmers in China are: the social security laws of land-expropriated farmers are not perfect;the social security standards of land-expropriated farmers are low;the enthusiasm of land-expropriated farmers to participate in insurance is not high;Households;lack of effective supervision mechanism,etc.There are three main reasons for these problems: one is that there are no special laws and regulations to regulate the social security of land-expropriated farmers;the second is that the government has not implemented the social security work for land-expropriated farmers;the third is the lack of Long-term guarantee.Social security theory,fair compensation theory and urban-rural integration theory are the theoretical foundations for solving the social security problems of land-expropriated farmers.The Land Administration Law,Property Law and other departmental laws are the legal basis for solving the social security problems of land-expropriated farmers.Based on the analysis of social security theory,fair compensation theory,urban-rural integration theory and relevant legal basis,we learn and summarize the social security model in foreign land acquisition and the experience of domestic land expropriated farmers ’social security to solve the problem Provide reference for farmers’ social security issues.Through the research and summary of the current situation,problems and causes of the social security of land-expropriated farmers in China,based on the relevant theoretical basis and laws and regulations,from the practice to sum up the experience at home and abroad,put forward to solve the social security issues of land-expropriated farmers The countermeasures mainly include the following five aspects: first,improve the relevant laws on social security for land-expropriated farmers;second,raise the social security fee standards for land-expropriated farmers;third,promote the diversification of social security for land-expropriated farmers;fourth,Establish a pension insurance account platform for land-expropriated farmers;Fifth,improve the social security supervision system for land-expropriated farmers.