Research On The Legal Protection Of Displaced Farmers’ Right To Social Security

In the process of urbanization,some agricultural land has been transformed into non-agricultural land,resulting in the emergence of large-scale landless farmers.There is a natural connection and dependence between land and farmers,and for farmers in China,land carries three basic functions: employment,economy and social security.Land is the main source of basic livelihood security for farmers,and the loss of land means the loss of basic livelihood security,which brings the issue of social security rights of landless farmers more and more serious,and this group of landless farmers needs our great attention.The issue of landless farmers is a matter of national development strategy,and guaranteeing the right to social security of landless farmers according to law is not only related to the survival of farmers,but also related to social stability and long-term stability.With the accelerated urbanization process in China,the government has to expropriate a large amount of agricultural land for the construction of urbanization,and the issue of legal protection of the social security rights of landless farmers has emerged and become increasingly prominent.Therefore,this paper examines the legal protection of the social security rights of landless farmers.The paper firstly defines the basic theory of landless peasants,including its connotation,legal attributes and values,and then analyzes each element of the legal relationship of the right to social security of landless peasants.Secondly,it analyzes the current situation of the legal protection of the right to social security of landless farmers,analyzes the current situation and its shortcomings from three levels:legislative protection,administrative and law enforcement protection,and judicial protection,and then puts forward targeted suggestions for improvement.In view of the lack of laws,lagging legislation,ambiguity and conflicts in legislation,we should establish and improve the legal system of social security for landless farmers,and improve the sectoral laws at the central legislation level,including the improvement and construction of social insurance law,social assistance law and social security regulations for landless farmers,and improve the system related to the citizenship of landless farmers at the local legislation level.In view of the failure of the supervision mechanism,the lack of procedural regulation and the lack of administrative reconsideration in administrative law enforcement protection,we should optimize the regulation and operation of the administrative system,ensure the due process and improve the administrative reconsideration system.In view of the high cost of judicial protection,the vague burden of proof,the narrow scope of proof procedure and the unsound legal responsibility,we need to enrich the judicial remedy,define the scope of judicial remedy and improve the degree of public interest litigation to protect the social security rights of landless farmers.