Study On How To Guarantee The Rights And Interests Of The Losing-land Farmers In The Suburban Area Linking The Urban And Rural

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.They become the most disadvantaged group in all farmers.It is very important to protect their rights and interests to sustainable development of agriculture and the village.On the one hand,local government competes interests with farmers lost farmland resulting in harming rights and interests or farmers.On the other hand,they undertake the duty to protect rights and interests of losing-land farmers and to promote the sustainable and healthy development of agriculture and village.It ws taken the actual situation and operation of Jining City,Shandong Province as the example in this research and righs and intersts protection of losing-land farmers in the combination area of urban and rural were studied, adopting the quantitative and qualitative analytic method through the discussion,interview,survey.The result indicates:Because of its special location,the suburban area linking the urban and rural has become an area where large-scale land-losing farmers turn out the most easily during the course of urbanization.In pursuit of local economic development and at the cost of farmers' interests,the measures taken by governments have brought about a serious sequence of social consequences.Governments at all levels play the leading role during the process of requisitioning lands,consequently, farmers' rights of fair participation and autonomy of lands have been infringed. While meeting the demands of the current national rules of law,the land compensation fee does not reveal the changing process of lands' values with social development and the fluctuation and uncertainty of agricultural production,meanwhile,farmers' profit rights of lands are also trespassed.In some places,the compensation fees for requisitioning lands is distributed unfairly,there existing cases of interception and embezzlement of funds,and farmers' distribution rights of lands are violated.Due to governments' inadequate support of land-losing farmers in terms of non-agricultural employment,along with the lack of corresponding social insurance systems, farmers' insurance rights of life and long-term rights of development are influenced profoundly.The loss of farmers' rights mentioned above has caused some conflicts and influenced social stability and harmony,arousing a certain degree of attention.Then the 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 teffitory.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,and land-losing farmers are unable to seek lawful protection when their valid rights are infringed..Rights and interests of peasants of lost territory become inevitably damged.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 govermnent should be confirming one,set up peasant's interests group in order to match ability the chess to strengthen peasants.