被征地农民合法权益保障机制研究
发布时间：2019-01-22 20:11
【摘要】：我国是个农业大国,“三农”问题始终受到党中央和国务院的高度重视。“三农”问题的核心是农民问题,而农民问题的核心是土地问题。在经济快速发展和城市化不断推进的今天,城市对土地的需求日益增加,土地征收现象十分普遍。土地征收过程中出现超越公共利益范围、违反法定程序、补偿不合理等侵权征收,使农民土地权益受到严重侵害,农民失去了其赖以生存的土地,其就业、住房、社会保障面临困难。其根本原因就在于土地征收过程中存在立法缺失、救济机制缺位和农地产权制度不完善等问题。因此,本论文研究的目的和突破的重点是如何根据中国国情构建适应社会主义市场经济体制的新型被征地农民合法权益保障机制,使被征地农民合法权益得到保障。全文共分四个部分：第一个部分是被征地农民合法权益保障理论。本部分首先被征地农民的界定进行论述；其次对被征地农民合法权益保障机制含义进行简要分析；再次对构建被征地农民合法权益保障机制的必要性进行深究。第二部分是被征地农民合法权益受侵害的具体体现。本部分主要对超越公共利益范围征地、违反法定程序征地、征地补偿不合理等侵犯被征地农民合法权益的三种侵权类型进行了深入的探究。第三部分是被征地农民合法权益受侵害的原因分析。本部分首先对土地立法存在的问题,即土地制度不完善、公共利益的界定不清、补偿机制不合理、征收程序的操作不规范等问题进行了客观的分析；其次对农村土地产权制度的缺失,即农地产权主体缺失、农地所有权难以充分发挥和农地产权流动不平等问题进行深入探究；再次对社会保障机制存在的问题进行简要的分析；最后对征地救济机制存在的问题进行分析。第四部分是被征地农民合法权益保障机制构架。本部分首先对完善相关法律制度进行论述；其次对深化农地产权制度改革,即明晰农地产权归属、确保土地产权的平等合理流动提出自己的观点；再次对加快征地制度改革,即界定公共利益范围、完善征地程序和健全征地补偿制度进行深入探究；最后构建被征地者利益保障的长效机制,也就是要建立最低生活、养老、就业保障机制和征收救济机制。
[Abstract]:China is a big agricultural country, the issue of agriculture, rural areas and farmers has always been highly valued by the CPC Central Committee and the State Council. The core of the "three rural" problem is the peasant problem, and the core of the peasant problem is the land problem. With the rapid development of economy and the development of urbanization, the demand for land in cities is increasing day by day, and the phenomenon of land expropriation is very common. In the process of land expropriation, tortious expropriation, such as exceeding the scope of public interest, violating the legal procedure, compensating unreasonable compensation, and so on, causes the peasants' land rights and interests to be seriously infringed upon. The peasants have lost the land on which they depend for their survival, their employment, their housing, etc. Social security faces difficulties. The fundamental reason lies in the lack of legislation, the absence of relief mechanism and the imperfection of farmland property right system in the process of land expropriation. Therefore, the purpose and breakthrough of this paper is how to construct a new type of land expropriated farmers' legitimate rights and interests protection mechanism according to the national conditions of China, so as to ensure the legitimate rights and interests of land expropriated peasants. The thesis is divided into four parts: the first part is the theory of the protection of the legitimate rights and interests of the peasants who have been expropriated. This part firstly discusses the definition of land-expropriated farmers; secondly, briefly analyzes the meaning of the mechanism of the legal rights and interests of land-expropriated farmers; again, the necessity of constructing the mechanism of the legal rights and interests of land-expropriated farmers is studied. The second part is the concrete embodiment of the infringement of the legitimate rights and interests of the peasants who have been expropriated. This part mainly explores the three types of infringement on the legitimate rights and interests of peasants who have been expropriated beyond the scope of public interest, in violation of the legal procedures of land acquisition, and in unreasonable compensation for land requisition. The third part is the analysis of the reason why the farmers' legitimate rights and interests were infringed. This part firstly analyzes the problems existing in land legislation, such as imperfect land system, unclear definition of public interest, unreasonable compensation mechanism, irregular operation of expropriation procedure and so on. Secondly, the lack of the rural land property right system, that is, the lack of the main body of the farmland property right, the difficulty of giving full play to the farmland ownership and the inequality of the flow of the rural land property right, are discussed in depth. Again, the problems existing in the social security mechanism are briefly analyzed. Finally, the problems existing in the relief mechanism of land requisition are analyzed. The fourth part is the framework of the legal rights and interests of land expropriated farmers. This part firstly discusses the perfection of relevant legal system, secondly, puts forward its own viewpoint on deepening the reform of farmland property right system, that is, clarifying the ownership of farmland property right and ensuring the equal and reasonable flow of land property right. Thirdly, it probes into the reform of land expropriation system, that is, to define the scope of public interest, to perfect the procedure of land expropriation and to perfect the system of compensation for land expropriation. Finally, the long-term mechanism of the protection of the interests of the land requisitioners should be established, that is, the minimum life, the old-age, the employment security mechanism and the levy relief mechanism.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2413525
[Abstract]:China is a big agricultural country, the issue of agriculture, rural areas and farmers has always been highly valued by the CPC Central Committee and the State Council. The core of the "three rural" problem is the peasant problem, and the core of the peasant problem is the land problem. With the rapid development of economy and the development of urbanization, the demand for land in cities is increasing day by day, and the phenomenon of land expropriation is very common. In the process of land expropriation, tortious expropriation, such as exceeding the scope of public interest, violating the legal procedure, compensating unreasonable compensation, and so on, causes the peasants' land rights and interests to be seriously infringed upon. The peasants have lost the land on which they depend for their survival, their employment, their housing, etc. Social security faces difficulties. The fundamental reason lies in the lack of legislation, the absence of relief mechanism and the imperfection of farmland property right system in the process of land expropriation. Therefore, the purpose and breakthrough of this paper is how to construct a new type of land expropriated farmers' legitimate rights and interests protection mechanism according to the national conditions of China, so as to ensure the legitimate rights and interests of land expropriated peasants. The thesis is divided into four parts: the first part is the theory of the protection of the legitimate rights and interests of the peasants who have been expropriated. This part firstly discusses the definition of land-expropriated farmers; secondly, briefly analyzes the meaning of the mechanism of the legal rights and interests of land-expropriated farmers; again, the necessity of constructing the mechanism of the legal rights and interests of land-expropriated farmers is studied. The second part is the concrete embodiment of the infringement of the legitimate rights and interests of the peasants who have been expropriated. This part mainly explores the three types of infringement on the legitimate rights and interests of peasants who have been expropriated beyond the scope of public interest, in violation of the legal procedures of land acquisition, and in unreasonable compensation for land requisition. The third part is the analysis of the reason why the farmers' legitimate rights and interests were infringed. This part firstly analyzes the problems existing in land legislation, such as imperfect land system, unclear definition of public interest, unreasonable compensation mechanism, irregular operation of expropriation procedure and so on. Secondly, the lack of the rural land property right system, that is, the lack of the main body of the farmland property right, the difficulty of giving full play to the farmland ownership and the inequality of the flow of the rural land property right, are discussed in depth. Again, the problems existing in the social security mechanism are briefly analyzed. Finally, the problems existing in the relief mechanism of land requisition are analyzed. The fourth part is the framework of the legal rights and interests of land expropriated farmers. This part firstly discusses the perfection of relevant legal system, secondly, puts forward its own viewpoint on deepening the reform of farmland property right system, that is, clarifying the ownership of farmland property right and ensuring the equal and reasonable flow of land property right. Thirdly, it probes into the reform of land expropriation system, that is, to define the scope of public interest, to perfect the procedure of land expropriation and to perfect the system of compensation for land expropriation. Finally, the long-term mechanism of the protection of the interests of the land requisitioners should be established, that is, the minimum life, the old-age, the employment security mechanism and the levy relief mechanism.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关期刊论文 前1条
1 石佑启;苗志江;;论农村土地征收与农民权益保护[J];湖北民族学院学报(哲学社会科学版);2008年01期
，本文编号：2413525
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