A Study Of Safeguarding The Peasants' Rights And Interests In Farmland Expropriation

Land expropriation is a major step in the course of promoting rural urbanization and expanding urbanization. The infringement of farmland losers'legitimate rights and interests has become a central problem in this process. It is essential for us to find solutions to this problem so as to promote the rural urbanization and to eliminate peasants'problem of the so-called"three nongs"(i.e., rural areas, agriculture, and peasants).This thesis makes a survey of the present situation of peasants'rights in the process of land expropriation. According to this situation, the thesis analyzes the deep-rooted reasons why the farmland losers'legitimate rights have been severely violated, and makes some suggestions about how to safeguard their legitimate rights and interests.Although the peasants have certain legitimized rights in the land expropriation, there are some serious infringements of their rights. For one thing, peasants'legitimate rights include the rights of compensation, settlement, proposition, and supervision. The lawful benefits they enjoy are the expropriation allowance and settlement allowance. For another thing, the infringements upon peasants'rights are referred to as the infringement of learning the truth, of participation, of appeal, of holding court, and other phenomena such as unauthorized expropriation, extra-low compensation allowance, and arrears of, unreasonable distribution of, or embezzlement of compensation allowance, etc.The deep-seated reasons for the infringements of peasants'legitimate rights in the course of land appropriation at present time lie in the following aspects. Systemwise, the unsound and incomplete institutions with regard to the farmland turns out to be the essential factors which leads to the unclear property rights of farmland. Lawwise, the imperfect laws and non-strict enforcement of these laws are the direct cause. These laws include the Constitution, the Land Management law, the Price Law, and the arbitration mechanism for dispute, and so on. Governmentwise, the government doesn't exercise its administration according to the law, which makes it malfunction and role-clash with the peasants. This proves to be another important cause. Peasantwise, the peasants'legitimate rights have been infringed indirectly for their lack of legal awareness and of capability to secure these rights because of their low literacy.