중국 도시화 과정에서 농경지를 잃은 농민의 권익 보장에 관한 소고

Abstract

China being in the economic high-speed development period and the period of social transition is transiting to a modernized and industrialized country; urbanization is the inevitable pathway of social transition. Although the urbanization brings advanced civilization and scientific development for the public, largely occupying land and sacrificing farmers’ interest malpractice gradually appears. There is no doubt that urbanization as the rapier promotes the social progress and damages the owned interest of the farmers whose lands are occupied. With the deeply urbanization, the number of people losing land is greatly increasing by 4,000,000 each year. The fact that the farmers lose the guarantee of land directly affects their life and further affects the stability of society. Both the stability and harmony of rural society and the orderly development of national economy require that we pay attention to the protection of farmers' interest, which has significant meaning to building a harmonious socialist society and modernization construction. Therefore, the relation between promoting urbanization process and protecting interest of losing land farmers become a new subject to be urgently studied. It is not denied that at the present stage land-lost farmers couldn't fully enjoy the opportunity and guarantee of synchronous development of all orders of society. The system to protect land-lost farmers is imperfect, which is the reason the thesis analyzes around China land-lost farmers' interest protection. The scale of rights and interests is very wide. What this thesis elaborates is the deserving protected and survival-relevant rights of land-lost farmers during the urbanization. As a country ruling with the law, only legally confirming the right of the public can show the public benefit from the modern rule of law. And it can make the land-lost farmers feel care of modern rule of law, which will effectively prevent and solve the important conflicts in urbanization. The thesis clearly points out that the system deficiency and policy omission is the main reason that the land-lost farmers' interest is damaged. The administrative body seeks profit during the land acquisition process; the standard of the compensation is lower; the range is narrow; the social security system is too incomplete to play its value of social security system; the administrative adjudication and administrative review disobey with spirit of rule with law; the range of administrative proceeding is narrow; all these severely restrict the ways for the land-lost farmers to preserve right. The writer analyzes the ownership system, expropriation compensation system and land acquisition process of the USA, the UK and Germany, and believes that their ownership system, wide expropriation compensation range, higher compensation standards and strict acquisition process not only maintain the land-lost farmers' legal rights and interests, but also promote the social order's stability from the aspect of system. The writer adopts the system analysis method that quantitative analysis combines with qualitative analysis; the international comparison combines with national conditions analysis. It is pointed out that impeccable social security system is the premise and basis to realize the right to social security of land-lost farmers. The public benefit land should be strictly distinguished from the non-public benefit land, to restrict the acquisition land within the public benefit lands. In the guarantee of land-lost farmers' rights and interests, impeccable basic medication, social provision for the aged and the minimum standard of living should be established to dispel misgivings of land-lost farmers. And the neutral administrative adjudication body should be set up to submit administrative proceedings to reconsideration; allowing the land-lost farmers to submit administrative proceedings as the accuser and appropriately broaden the scope of accepting cases of administrative implementation.