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Research on the Law Protection of Land Lost Farmers

Author: LiShaoJie
Tutor: ZhongZuoHong
School: Nanchang University
Course: Economic Law
Keywords: Xinyu City Landless peasants Damage to the interests Legal protection
CLC: D922.3
Type: Master's thesis
Year: 2009
Downloads: 105
Quote: 0
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Abstract

The rapid development of China's urbanization process, resulting in a large number of farmers lost their livelihood depends land, severely damaged the interests become socially vulnerable groups. Farmers' legal rights have been infringed, mass incidents continue to increase, has become an important factor affecting the country's economic development and social stability. Therefore, based on the current situation of the landless peasants in Xinyu City, committed to the interests of landless peasants system of legal protection for Xinyu City Construction and Improvement of the problems and shortcomings of the legal system in land acquisition, is very necessary. The first part of the legal analysis of legal concepts and legal characteristics of the landless peasants, pointed out that in the process of urbanization, the landless peasants not only lost their land, also lost the basic livelihood guarantee the rights, employment rights, property rights and other related rights, the loss of its subjectivity, become neither farmers nor the vulnerable groups of the public. The second part of the status quo and causes damage to the interests of landless peasants in Xinyu City, conducted a sample survey analysis that our current collective land property rights is not clear, leading to the farmers in the land acquisition process is completely passive position, rights are not protected; land acquisition purpose and scope is too wide, the public interest infinite expansion, leading to the abuse of the power of eminent domain; unemployment loss on the land requisition compensation standards, without considering the market price of the land and labor, farmers enjoy less than the land value-added benefits; land compensation , the allocation and management of confusion, the farmers a lack of democratic rights in order to safeguard their legitimate rights and interests; lack of specification of the social security, lead to the landless peasants difficult to maintain long-term livelihoods. These are land acquisition and the legal system is imperfect. The third part, Xinyu City, landless peasants damage to the interests of the status quo, put forward some countermeasures of the Legal Protection of the landless peasants: First, cultivate awareness of the law of the landless farmers' rights and interests protection; improve the rural land property rights system, well-defined property rights of rural land subject, to sort out the responsibilities and rights relations; sound rural land requisition system, strict land acquisition proceedings; Fourth, improve the the landless peasants interest compensation mechanism, improve the land requisition compensation standards; the Fifth judicial relief; sound landless peasants social security mechanism, including the minimum living security system, the basic old-age insurance system, medical insurance system, education and employment training system. In this paper, in the course of the study led to theoretical analysis, evidence supplemented by practice, for landless peasants loss of interest in the situation, to find specific crux of the problem, and in our system to establish a causal relationship between the presence of defects, damage to the interests of landless peasants. Emphasis on comparative study of revelation, drawn from the analysis of domestic and international experience in the legal protection of interests of landless peasants the legal level puts forward a series of countermeasures to protect the rights and interests of landless peasants and initiatives.

Research on the Law Protection of Land Lost Farmers

Abstract

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