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Study on the Legal Security of the Landless Peasants’ Right

Author: CaoQingWei
Tutor: LinMing
School: Shandong University
Course: Legal
Keywords: landless peasants rights rule of law judicial supervision
CLC: D922.3
Type: Master's thesis
Year: 2008
Downloads: 327
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Abstract

As China’s urbanization and industrialization markedly accelerated the pace of urban areas continues to expand the scale, a large amount of land was expropriate and the number of landless peasants and the corresponding social issues is increasing. The landless peasants are permanently lost its contract farmland, and thus lose their land-related rights of a series of special social groups. From a legal point of view, Landless peasant is a special kind of legal subjects. On the one hand, a country of landless peasants in the cities will inevitably arise in the course of a normal social phenomenon. On the other hand, because China has long taken the urban-rural dual economic and structural policies, and objectively determine the land to farmers the importance of the security function. Farmers lost their land, it means lost production, lost employment opportunities and lose their source of income and sources of livelihood. Their rights and interests are violated. Those cities, because of the expansion of scale and the farmers who have lost their land, is in breaking the urban-rural dual economic structure, in the process of urban living in the forefront of the combination, is first to solve social problem in the process of achieving the urbanization. This is not only realistic and necessary, it relates to the process of urbanization and development models.At present, in the practice of land, it is the interests of the majority of landless peasants are not reasonable compensation and protection, which led to the disputes between the developers and farmers, fierce conflicts occur from time to time, such as collective petition , and even more extreme acts such as move, disrupting the normal social and economic order, causing social instability, to some extent, damage to the government’s image and credibility.Tangshan City, Hebei Province, more than 20,000 landless peasants for land compensation, and joint recall qualified representatives of the Communist Party of the National People’s Congress, Qinhuangdao more than 10,000 landless peasants jointly by the leaders of a motion to recall such incidents have been a common occurrence.At the same time, landless peasants and urban workers in the different nature of the migrant workers, both in the latter city, "Gold Rush" to the results, and the total land behind the final protection. Because of landless peasants and completely lost land to the city and the non-agricultural sector employment in urban life has become their only option. In order to avoid such as India, Latin America and other countries of "urban slums" phenomenon, and therefore, in the current landless peasants have been expanding the circumstances, must be based on the status quo of China’s landless peasants, reforming and perfecting the legal system on land, and clear land for purpose Regulation of land acquisition to improve the collection process, increase judicial relief, so as to achieve not only safeguard the interests of landless peasants, and to resolve their livelihoods and in the future and lead to urban life, and to properly resolve the problem of landless peasants and to promote economic development and social harmony objective.This paper will be comprehensive analysis of the rights of landless peasants security problem, from a legal perspective on the current China’s protection of the rights of landless peasants problem seriously flawed. The article based on research -issues - Foreign Comparative Law reseach - the logical structure proposed countermeasures start of the full text is divided into four parts:PartⅠA few questions related to the protection of the rights and interests of landless peasants. Based on the concept of landless peasants, meaning, to define the characteristics of this exposition targets. And the scope of damage to their interests and the legal analysis, noted that in the process of industrialization and urbanization, the majority of landless peasants is not only the loss of land, loss of the basic livelihood guarantee rights, employment rights, property rights and other related rights , the loss of its main, as neither the farmers nor the public is on the verge of the crowd and legitimate rights and interests are infringed.PartⅡThe raising the issue of landless peasants. Landless farmers helpless predicament faced by the other does not accidental, it is all the result of common factors. Through the history of mankindnatural relationship between supply and demand of land property rights system and the social relations and the status of the landless peasants on, reveals the problem of landless peasants in a transition period China the historical inevitability of landless peasants at the same time and also for resolving the legal rights and interests of the necessary means of protection .PartⅢon the ground through the legal protection of the status of farmers and criticism , learning from foreign experiences to give some Enlightenment on building legal system.PartⅣat this stage of landless peasants against the loss of rights and interests of the status quo, in the Legislative Council before the fair, science - the legitimacy of democracy - authoritative judicial relief, the three levels of efficient regulatory system in advance to the main, administrative oversight and judicial relief supplement, and have set up a comprehensive system links more than legal rights and interests of fanners security system.

Study on the Legal Security of the Landless Peasants’ Right

Abstract

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