Research On Rights Security Mechaniam Of The Farmers Losing The Status Of Land Ownership

Chinese farmers burden the pressure caused by the history is the most heaviest of all the nations. Considering the modern times, be it the new democratic revolution period, socialist revolution period or the socialist construction period, the Chinese farmer sacrificed themselves for the sake of China's development. Since the implementation of the reform and opening-up to the outside world policy, and with the accelerating process of urbanization, a large number of farmers dedicated their land upon which they depend for a second time. However, farmers losing the status of land ownership do not identify with urban residents, nor with rural villagers in a traditional sense. Those farmers are mostly going to be reduced to three noes'group who caught in a farm landless, employment without posts and no share in social security plight.The core issue of the farmers losing the status of land ownership lies in the protection of the rights and interests of those farmers. In recent years, policy defects such as our country's dual economic structure, unreasonable farmland expropriation compensation system, etc, resulted in the imbalances of the rights and interests of the farmers losing the status of land ownership, and conspicuously embody in following aspects: since land is the most basic production material upon which farmers depend and the most important carrier from which farmers enjoy their material rights, once land expropriated, their material rights attached to land will lost simultaneously, together with the low compensation for land expropriation and imperfection of social security system threaten the survival rights which is the basic rights of farmers as an individual and bring no guarantee to their political rights and other social rights. As a consequence, social contradictions caused by the farmers losing the status of land ownership highlight day by day, and farmers'rights-protection action gives the priority to the contradiction of losing land and job resulted from land disputes instead of taxation burden. So doing systemic research on the issue of losing and protecting the rights and interests of farmers losing the status of land ownership and discussing how to establish a sound security mechanism for lost-land farmers'rights and interests will make it significant as to maintain long-term social stability and public security.This study exemplifies the situation and practices of GaoXin District in TaiAn City ,ShanDong province. By having colloquia, paying visits, making questionnaire survey and adopting quantitative analysis and qualitative analysis, also with the basic theory of law and economics, we propose an assumption of establishing a rights security mechanism of the farmers losing the status of land ownership. The article classified into four section.Section one concerns the current situation and analysis of the cause of protection of the rights and interests of the farmers losing the status of land ownership. Starting with the issue of imbalances of the rights and interests of farmers losing the status of land ownership and discussing the manifestation and cause of the issue of farmers losing the status of land ownership, highlighting defects existed in the current security system of farmers losing the status of land ownership.Section two concerns practice home and abroad and exploration of protection of the rights and interests of farmers losing the status of land ownership. With the introduction of basic practice made by the developed countries to protect rights and interests of farmers losing the status of land ownership and of the protection pattern by partial areas of our country to form an enlightenment in establishing security system of the rights and interests of farmers losing the status of land ownership.Section three concerns the establishment of security mechanism of the farmers losing the status of land ownership. Discussing the content which must be involved in the security mechanism of farmers losing the status of land ownership, the establishment contains three aspects: to establish the land property right system, farmland expropriation compensation system, and social security system.Section four concerns the operation of security mechanism of the farmers losing the status of land ownership. Discussing the major supportive forces in operating the security mechanism, so to speak, the support of law, governments ,enterprises and community organizations and the responsibilities and functions of these forces in the process of operating the security mechanism.