The Protection of Land-lost Farmer’s Subsistent Rights and Developing Rights on Legal Issues in Land Expropriation
|Course||Administrative Law of the Constitution|
|Keywords||Land expropriation Land-lost farmer the Subsistent rights the Developing rights|
In our country, as the promoting of the urbanization, quite a mount of agricultural collective land has been compulsorily purchased which caused a lot of land-lost farmers emerged. For Farmer, they have relatively strong dependence on land, because the land is undertaking the multiple functions, not only as means of productions, but also as a main resource for the farmer’s daily life. Thus we can say that their land right and interests are one of the most basics. But nowadays, the Theory and relative legislation concerning land expropriation has lagged behind, at the same time, the land acquisition process is flawed, compensation for land requisition system is inappropriate and social security system is incomplete which undamaged the farmers’ subsistent rights and the developing rights.This dissertation has four parts. Part one is the general theories about the farmers’ land expropriation and their subsistent rights and developing rights. Part two is about the influence of land expropriation on the farmers’subsistent rights and developing rights based on part one. Part three introduced how Korean, Japan, German, American and the province of Taiwan in China protect the farmers’ subsistent rights and developing rights when they expropriate the land. The author makes a summarization and point out how to learn from their experience. Part four is the countermeasures for how to realize the legalization of our nation’s land expropriation for protecting farmer’s subsistent rights and developing rights.The innovative point of this paper focuses on the arrangement of the land-lost farmers in the fourth part. We should provide the relative educational training except for the material compensation. Additionally, we should consider how to protect the land-lost farmers’ childers’schooling problems to make them settle down.