Research On The Protection Of The Peasants’ Land Rights And Interests In Land Expropriation

Peasant issue become conspicuous during China economic and the social evolution already, Pay close attention to peasants, must pay close attention to peasant’s rights and interests. Peasants have relatively strong dependence on land, the land is undertaking the multiple function. It is the peasant’s means of production and peasant’s living guarantee. We can see Peasant’s land rights and interests are peasant’s most basic rights and interests. But since the1980s, the urbanization, the industrialization have emerged by the unprecedented potential, the urban space expands rapidly, quantity increases, the industrial production scale also unceasingly expands. For the guarantee urbanization, the industrialization to the land demand, the massive agricultural use land is taken over for use. The urbanization, the industrialization advancement are "the double edged sword", during the advancement of socialist system and city and countryside relations change, the general peasant’s production and the life also has brought the enormous influence. More and more collective all lands are taken over for use by the country, expedites the social group which inflates suddenly "land loser" rapidly. This kind of situation in big or media-sized cities city and countryside intersection performs outstandingly. Our country has promulgated and implemented a series of laws and regulations to protect the farmer’s land rights. Along with the quickened step of urbanization, the law can not adapt the economic development.The peasant rights are often violated from the other interest groups because it is low that the farmer locates the social position and the economic status, and it is weak that the farmer protects his own right consciousness, In the land expropriation process, the lack of peasants’rights and interests in land protection, the "price scissors" between the rights and interests of landless peasants and urban land value obtained is increasing, and a large number of the rights and interests lost, they faces of "non-farming land, non-employment, non-guaranteeing" difficult situation, forming a new vulnerable groups. Landless peasants have become the big obstacles of our economic development and urbanization, affecting social stability as an important factor. At present, the understanding of the problem of the protection of land rights for landless peasants in land expropriation, theoretical research lags behind practice, government departments also failed to give sufficient attention and concern.This study in order to protect farmers interests in land as a research object, Nantong City, H Village, for example, based on in the investigation of peasant land rights have been infringed in land expropriation, analysis of the peasant of land rights have been infringed due mainly to the legal system and related subjects:(a) the legal system areas:agricultural land property rights system flawed, the main agricultural land ownership is not clear, incomplete land property rights. Land acquisition system, there are many drawbacks, such as the land expropriation was too broad, goes beyond the public interest standard; compensation standard is unreasonable enough to maintain the original living standards of farmers; land acquisition procedures anomie; peasant resettlement single, employment difficulties, absence of social security system and so on.(b) The main stakeholders:the township government in the land acquisition process of self-interest-driven, the villagers self-government organizations tend to the Chief of the serious, farmers lack awareness and ability to safeguard their rights. For the above reasons, combined with China’s actual conditions, put forward the countermeasures to protect the land rights of farmers with the relevant theories.