The Study Of Rights And Interests Guarantee Peasants Of Lost Territory Of China

At present, peasant's question of lost territory in our country is more and more outstanding, which have already influenced social stability in urban and rural areas and rural economy to develop seriously .The land incorporates rights such as the right of the economic income, employment right, social security right into an organic whole for peasants. While peasants of lost territory lose land, it means they lose a series of basic rights and interests of linking with the land. This text starts with life current situation and concrete content of the loss rights and interests of peasants of lost territory have analysed the deep reason of it. Namely under the economic structure background of two—Yuan in urban and rural areas of our country, the defect of rural land system including rural land property system and land acquisition system is the origin of the infringement, which cause rights and interests of loss to peasant of lost territory . And the defect of compensate system including the system of the economic compensation, employment system, social security system etc. make rights and interests of peasants of lost territory not get just and reasonable compensation when they are damaged .In addition, the protection mechanism of peasant's rights and interests in the lost territory have many questions, such as government's role reversal, short of peasant's interests group of mechanisms and interests representative of peasants. Rights and interests of peasants of lost territory become inevitably damaged.In order to ensure rights and interests peasants of lost territory, we must improve the defect of every existing system. First of all, carry on the existing land system. Perfect the property system of rural land; Through legislating to limit government's behavior, define the main part of property right of rural land clearly, and assign several powers and functions rationally between collective owner and land user of peasants. Perfect the system of rural land acquisition. Core its to channel into market mechanism when it take over the land for use, strictly define the scope of public interests, improve compensation standard of taking over the land for use, take over the land for use procedure. Secondly, carry on the existing peasants' interests compensation mechanism of lost territory; including set up reasonable economic compensation and distribution of interests mechanism, employment mechanism and social security mechanism taking government as the leading factor. Moreover, carry on the protection mechanism of peasant's rights and interests in the lost territory perfectly; The government should be confirming one, set up peasant's interests group in order to...