论土地流转中农民权利的法律保护

发布时间：2018-05-16 10:12

本文选题：土地流转 + 农民权利　；参考：《西南大学》2008年硕士论文

【摘要】： 土地是农民的命根子,承载着生产要素和社会保障的双重功能。新中国成立至今,我国颁布和实施了一系列法律法规,农民的土地权利得到了较好的保护。随着经济的发展和农村市场化步伐的加快,农村土地流转成为必然趋势。在土地流转过程中,由于农民所处的社会地位和经济地位较低,维权意识较弱,农民权利经常受到来自其他利益主体的侵害,侵害农民权利的现象时有发生。由于对农民权利的保护严重不足,引发了不少社会矛盾和问题,主要表现在:影响市场经济的健康发展,损害农民的长远生计,有法不依现象大量存在,影响社会稳定,等等。因此,保护农民权利具有非常重要的意义,它有助于解决“三农”(农村、农业、农民)问题、提高农民的组织化程度、推进城乡统筹发展和提高政府依法行政水平。农民权利保障不足的原因是多方面的,笔者认为主要有:城乡二元经济结构;政策的偏差和法律保护力度不够,农村集体土地的所有权使用权的缺失,农民的组织化程度低,组织运行机制不健全,在实际生活中难以形成群体的力量,当与其他利益主体发生利益冲突时,人数众多的农民反而成为弱势一方,常常处于不利地位;政府职能错位,在畸形政绩观的左右和利益驱动下,各级政府介入经济活动的积极性很高,政府变成“经济人”,现行的土地征收制度的缺陷,征收程序不合理,补偿标准低,农民救济途径缺失等。土地流转工作涉及面广,牵涉到多方利益,关系到农村经济发展和社会稳定,需要通过法律法规的形式进行规范和调整,以明确土地流转过程中相关各方的权责关系,平衡相关各方的利益关系,尤其是维护处于弱势的农民权利。通过厉行法治,将农民权利保护纳入制度化、法治化轨道,从立法、执法和法律监督等方面加强对农民权利的保护,逐步改变农民“低国民待遇”的地位,消除城乡差别,实现城乡统筹发展。
[Abstract]:Land is the lifeblood of farmers, bearing the dual functions of production factors and social security. Since the founding of the people's Republic of China, a series of laws and regulations have been promulgated and implemented in China, and farmers' land rights have been well protected. With the development of economy and the acceleration of rural marketization, rural land circulation has become an inevitable trend. In the process of land circulation, because of the low social and economic status of farmers, weak awareness of rights protection, farmers' rights are often infringed by other stakeholders, and the phenomenon of infringing on farmers' rights occurs from time to time. Due to the serious lack of protection of farmers' rights, a lot of social contradictions and problems have been caused, which are mainly manifested in: affecting the healthy development of market economy, harming farmers' long-term livelihood, the phenomenon of lawlessness exists in large numbers, affecting social stability, and so on. Therefore, it is of great significance to protect the rights of farmers, which is helpful to solve the problems of "three rural areas, agriculture and farmers", to improve the organization of farmers, to promote the overall development of urban and rural areas and to improve the level of government administration according to law. There are many reasons for the inadequate protection of farmers' rights. The author thinks that the main reasons are: the dual economic structure of urban and rural areas, the deviation of policy and legal protection, the lack of ownership right of rural collective land, and the low degree of organization of farmers. The organization operation mechanism is not perfect, it is difficult to form the power of the group in the actual life. When conflicts of interest with other stakeholders occur, the large number of farmers become a weak party, often in a disadvantageous position; the government functions are misplaced, Driven by abnormal political achievements and interests, governments at all levels are highly motivated to intervene in economic activities. The government becomes an "economic man". The current system of land expropriation is flawed, the expropriation procedure is unreasonable, and the standard of compensation is low. The farmer relief way is missing and so on. Land transfer involves a wide range of areas, involves various interests, relates to rural economic development and social stability, and needs to be standardized and adjusted through laws and regulations in order to clarify the rights and responsibilities of relevant parties in the process of land circulation. Balance the interests of all parties concerned, especially to protect the rights of farmers in a weak position. Through enforcing the rule of law, bringing the protection of peasants' rights into the system, governing by law, strengthening the protection of peasants' rights from the aspects of legislation, law enforcement and legal supervision, we should gradually change the status of peasants'"low national treatment" and eliminate the differences between urban and rural areas. We will achieve overall development in urban and rural areas.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.3

【引证文献】