Compulsory Purchase And Protecting The Rights Of Land-lost Farmers

In our country, as the urbanization is been quickly advanced, quite a few agricultural lands are been compulsorily purchased and a lot of land-lost farmers appear. They can't enter into the city civilization and can't enjoy the interest of city expanding as a whole. On the other hand, their rights and interests are being encroached, damaged and deprived because of the current system of compulsory purchase. So we must improve and change the legal system of compulsory purchase such as confirming the aim of compulsory purchase, restricting the power of compulsory purchase, forming the compensating principle on the market price, improving the procedure of compulsory purchase, adding the judicial help. Our aim is to promote the development and stability of the economy and society, at the same time, to protect the rights of land-lost farmers and solve the problem well.The paper is about 30,000 words and is made up of three parts on the basis of structure of status—reason—ways.The first part is about compulsory purchase and depriving the land-lost farmers of rights and interests. During the period of industrialization and urbanization, farmers lost the land and became a special social class---land-lost farmers owing to compulsory purchase. The farmers not only lost the lands, but also the rights of survival, development, employment, social security and political, economic, cultural, educational rights and interests were influenced more or less due to compulsory purchase.The second part is on the analysis of the current compulsory purchase system's main problems. With the planned economy turning into the market economy and the market economy developing quickly, the current compulsory purchase system had brought some serious inadaptability and institutional flaw, such as the abuse of compulsory purchase power, unreasonable compensation, the lack of transparency in the procedure, the difficulty of arranging the farmers and so on, which damaged the farmers' rights and interests badly.The third part of this paper is to improve the system of compulsory purchase and protect the land-lost farmers' rights. In this part the main problem I discuss is protection of the farmers' rights by the means of improving the compulsory purchase system. Fromthe point of view of substantive law, we should confirm the aim of compulsory purchase, restrict the power of compulsory purchase, form the compensating principle on the market price, confirm the range and standard of compensation, set up the system of collectivity non-agricultural land-using, seek the new way of compulsory purchase compensation. From the point of view of procedural law, the procedure in compulsory purchase should be improved, the surveillance during compulsory purchase should be reinforced and the judicial help should be added.