On The Legal Protection Of The Right To Compensation For Farmers Losing Land

With the continuing development of Chinese economy, there has been an increasing need for land for urban pubic utilities construction, land for industrial and commercial investment development, and land for township enterprises. The state has started to expropriate the land owned by rural collective economic organizations and farmers themselves around the urban area, which causes a large numbe of farmers to lose their lands to live by and hence severe social problems. This paper comprehensively uses the basic theories and methodology of Maxism legal jurisprudence and, from a constitutional protection perspective, analyses the legal issues arising from the compensationf of farmers for the loss of their land. Following this line, this paper is consisted of four chapters.Chapter One presents an introduction of the problems regarding China's system on the compensation for farmers losing land. This chapter explores the relevant legal issues from three aspects, i.e., the law making, the law enforcement, and the administration of justice. In terms of the law making, there exists several flaws in China's current legal system on the compensation and settlement & inhibiting, for example, the unreasonable standard of compensation, the unproper allocation, management and use of the compensation money and the limited ways of settlement & inhibiting. Therefore the rights and interests of farmers losing land have not been accorded with effective legal protection. In terms of the law enforment, there exists inappropriate administrative behavior, administrative malfeasance, and administrative tort. Similarly, the rights and interests of farmers losing land have not been fully protected. In terms of the administration of justice, the rights and interests of farmers losing land are not effectivly protected in the judicial proceedings for the following reasons: the local judicial power is unproperly intervened by local administrative power, the difficulty and costs relating to the protection of rights.Chapter Two gives a discussion of the perfection of the legal system regarding the compensation of farms losing land. This chapter puts forwards suggestions for enhancing the protection of right to compensation for farmers losing land from the following perspectives: the scope of expropriation, the compensation standard and the perfection of relevant legal system.Chapter Three is on the perfection of social security system and re-employment system for farmers losing land. As the saying goes, Law Is Unable to Be Brought into Effect by Itself. The perfection of a legal system warrants effective and viable procedural safegards. Likewise, the settlement & inhibiting of farmers losing land should not be simply confined to the allocation of compensation money, but rather, needs to take into full consideration the realization of their lawful rights as workmen.Chapter Four elaborates on the perfection of the system on legal remidies for farmers losing land. No remidies, No rights. The farmers' right to compensation shall be protected in the process of public administration. The judicial remedy forms an ultimate safegard for the right to compensation for farmers losing land. In judicial practice, there have been complaints on the difficulties and costs regarding farmers' protection of their rights. This chapter also sets out suggestions for perfecting the judicial remedy system.Since slow steps are taken towards a reform on China's land expropriation system, problems such as low compensation standard, limited ways of settlement & inhibiting, low employment abilities of farmers losing land, lack of social security, remain unsettled. All these lead to a porpotion of farmers losing land turning into weak groups in the society. The growing collective incidents arising from infringement upon their lawful rights and interests now become one of the important elements that affect the development of national economy and social stability. Therefore, to research on this issue and to advance solutions to this issue is of great theoratical and practical implications to the protection of farmers' lawful rights and interests and the full legality of the sociaty.