Legal Protection Of The Collective Interests Of Farmers In Land Expropriation

Along with the accelerated pace of being city of our country, the collective land ownership and using rights are correspondingly shifting in. According to China’s ’property law’, the land rights’ transferring is realized through the collection. The land is the fundamental survival of the farmer, once losing land farmers will face a series of crisis. Therefore, strengthening expropriation of collective land of farmers’rights and interests in legal protection, on the one hand safeguard the farmer life, promote the development of agriculture, the other hand make China’s city change more legal and rational. However, from our existing system, the farmer rights and interests in land was influenced by many factors, and the related legal system is not perfect so the famer’s benefit cannot be fully protected, then derived for the unstable social factors. Therefore, exploring how expropriate the collective land and consider the famer’s benefit have important real significance. This paper analyze China’s existing land system, point out the serious problems of landless peasants, then analyze the land expropriation system problems, namely the’ public interest’, the lack of clearly defined expropriation procedures, land compensation standard is too low, the government power is too strong, the enforcement of the law is not strictly, the fees of the land expropriation is uneven distributed and so on. Then it probes into how the expropriation of the collective land damage the farmer’s rights and interests in entity law and procedure law, the collective land property rights system is not perfect, land expropriation system has flaws, the expropriation procedure has loopholes, lack relief procedure. Then this paper puts forward some legislative suggestions, end up the defects of the land expropriation legal system, flawless the relief system, perfect the social security system, to perfect our country’s land law system and safeguard the farmer’s rights.