Gansu Agricultural Land Expropriation Caused By Landless Peasants Protection

With the need of industrialization and urbanization and the limitation of existing land, nearly the only way to satisfy the need of economic development and city expansion is to expropriate the collective owned land from peasants. As a result, the accruing of peasants without land is ineluctable. In the process of legal expropriation by national constraining force, the violation of farmers' benefits exists currently. Because of the low compensation standard, unreasonable compensation scope and the embezzlement of the compensation, the peasants who lose its land also lose the basic guarantee of life, and lose the rights to subsistence, employment and development etc. Without land, the peasant can be hardly employed. He becomes one element of an edged-community of the society. Their rights and interests in politics, economy, culture and education are influenced to various degrees. The continuous conflicts between the land-losing peasants and local government caused a series of social and economic problems. It has become an important theoretical and realistic problem gradually to study how to protect the rights of those peasants and how to improve the governments' power and methods when expropriate land from peasants equitably and effectively.Compared with eastern developed areas, It is quite different of the conditions of the and expropriation and the land-losing peasants in Gansu Province, located in the western (?)nder-developed area. Just take one instance, the process of expropriation is (?)versimplified, the peasants' job-hunting is much more difficult, the government's (?)rrangement is more limited, and the compensation standard much lower and the (?)erformance of the violation of farmers' benefits more diversified. And there is a lack of ystematic research by the government and social public on the land expropriation and the and-losing farmer in western area such as Gansu Province.To study land expropriation and protection of land-losing farmer, the initial and ssential problems involved are the defects of current farmland system. In the evolution of armland system in which the land right is obtained by society change rather than market argain, the defects of the land system including overlapped subjects of collectively owned land, indistinct defined right and restricted exercise of ownership can be reduced. The nation is the real controller of the land right is real controlled by central goverment. The peasant individual has no right to handle the land which he possesses and uses. Thus giving comprehensive property right to peasant is the key to protect peasant's interests. The defects of the system, which directly cause the damage of peasant's interests in the process of land expropriation in Gansu Province, are the low compensation standard and the embezzlement of the compensation by local governments. So, the standard and scope of compensation should be reformed to make sure that the local government's expropriating the collectively owned lands legally and to restrain the violation of peasants' interests by the collective economy organizations in the distribution of land expropriation income. Since the land-losing peasants lack of talented ability, and what's more, the economy development level of Gansu Province is relatively lower, and the peasants' employment is much more difficult. In order to help those farmers become citizens smoothly and steadily, the government should diversify the setting mode, improve the quality of the peasants and strengthen their market competitive ability. The government has to bear a certain social responsibility to providing the social security and medical care for those land-losing peasants. The thesis believes, to protect the rights of the land-losing farmers and expropriate the farmland fairly and reasonably, we should establish a marketing value direction, and investigate a market land mechanism. The farmland expropriation should be changed into purchase of development and constructive land, to get away from the puzzle Dom of the farmland expropriation for public benefits. And the collectively owned land should be purchased at a market price, without distinction the public benefits land from commercial constructive land.