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On Perfecting the Safeguard of Landless-farmers’ Right in Law

Author: TangQiong
Tutor: SunDaXiong
School: Central China Normal University
Course: Economic Law
Keywords: Landless peasants interests Land system Land requisition compensation Social Security Perfect
CLC: D922.3
Type: Master's thesis
Year: 2006
Downloads: 442
Quote: 9
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Abstract


Landless peasants in the process of national economic construction and social development, farmers lost their land due to urbanization and industrialization, land, is a country in the process of urbanization is inevitable emergence of a normal social phenomenon. But in recent years, due to China's land expropriation system reform lags behind, the land requisition compensation standards, resettlement procedures, low employability of landless peasants, the lack of social security and other issues are not an effective solution, resulting in a number of landless peasants into farming, employment Kong guaranteeing that no copies of the vulnerable groups. Because their legitimate rights and interests have been infringed, group events increasing, has become an important factor affecting the development of the national economy and social stability. Therefore, based on the status quo of China's landless peasants, our legal system in land acquisition problems and shortcomings, is committed to our land expropriation Construction and Improvement of the legal system and the social security system necessary. In the first part by the meaning of landless peasants, legal characteristics, legal analysis, pointed out that the urbanization and industrialization process, the majority of landless peasants lose not only land, but also lost the basic livelihood guarantee rights, the right to employment, property rights and other related rights, the loss of its subjectivity, become neither farmers nor the marginalized groups of the public, the legitimate rights and interests are infringed. The second part of the analysis of the status quo and cause damage to the interests of landless peasants in China, pointed out that China's current collective land property rights is not clear, the farmers' land land acquisition process is completely passive position, are not protected; purpose and scope of land acquisition too broad, public interest infinite expansion, resulting in land waste and abuse of the power of eminent domain; land requisition compensation standards, and does not reflect the market price of the land and the loss of labor unemployment, farmers enjoy value-added benefits of less land; land compensation allocation and management of chaos, the farmers a lack of democratic rights to protect their interests; resettlement procedures, the lack of specific norms on social security of landless peasants, landless peasants difficult to maintain their long-term livelihood, these are not the land requisition system improve relevant. The third part of the reason for the existence of the problem of landless peasants in China and shortcomings, pointed out that to solve the current problem of landless peasants, we must improve our land property rights system, giving rural collective property rights and farmers' right to land possession, use, income, disposition and transfer of . Land acquisition purposes, a clear definition of \In the land requisition compensation, drawing on the practical experience of the Western developed countries, combined with the actual situation in China, to determine the scientific and rational land compensation standards, considering the variety of compensation for farmers. Land acquisition and compensation process, giving equal democratic rights of farmers should be open, fair and just. Establish and improve the social security system of the landless peasants, landless peasants in accordance with the state, collectives and individuals \Under the principle of \

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CLC: > Political, legal > Legal > Chinese law > Land Law
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