被征地農(nóng)民合法權(quán)益保障機(jī)制研究
發(fā)布時(shí)間：2019-01-22 20:11
【摘要】：我國是個(gè)農(nóng)業(yè)大國,“三農(nóng)”問題始終受到黨中央和國務(wù)院的高度重視。“三農(nóng)”問題的核心是農(nóng)民問題,而農(nóng)民問題的核心是土地問題。在經(jīng)濟(jì)快速發(fā)展和城市化不斷推進(jìn)的今天,城市對土地的需求日益增加,土地征收現(xiàn)象十分普遍。土地征收過程中出現(xiàn)超越公共利益范圍、違反法定程序、補(bǔ)償不合理等侵權(quán)征收,使農(nóng)民土地權(quán)益受到嚴(yán)重侵害,農(nóng)民失去了其賴以生存的土地,其就業(yè)、住房、社會保障面臨困難。其根本原因就在于土地征收過程中存在立法缺失、救濟(jì)機(jī)制缺位和農(nóng)地產(chǎn)權(quán)制度不完善等問題。因此,本論文研究的目的和突破的重點(diǎn)是如何根據(jù)中國國情構(gòu)建適應(yīng)社會主義市場經(jīng)濟(jì)體制的新型被征地農(nóng)民合法權(quán)益保障機(jī)制,使被征地農(nóng)民合法權(quán)益得到保障。全文共分四個(gè)部分：第一個(gè)部分是被征地農(nóng)民合法權(quán)益保障理論。本部分首先被征地農(nóng)民的界定進(jìn)行論述；其次對被征地農(nóng)民合法權(quán)益保障機(jī)制含義進(jìn)行簡要分析；再次對構(gòu)建被征地農(nóng)民合法權(quán)益保障機(jī)制的必要性進(jìn)行深究。第二部分是被征地農(nóng)民合法權(quán)益受侵害的具體體現(xiàn)。本部分主要對超越公共利益范圍征地、違反法定程序征地、征地補(bǔ)償不合理等侵犯被征地農(nóng)民合法權(quán)益的三種侵權(quán)類型進(jìn)行了深入的探究。第三部分是被征地農(nóng)民合法權(quán)益受侵害的原因分析。本部分首先對土地立法存在的問題,即土地制度不完善、公共利益的界定不清、補(bǔ)償機(jī)制不合理、征收程序的操作不規(guī)范等問題進(jìn)行了客觀的分析；其次對農(nóng)村土地產(chǎn)權(quán)制度的缺失,即農(nóng)地產(chǎn)權(quán)主體缺失、農(nóng)地所有權(quán)難以充分發(fā)揮和農(nóng)地產(chǎn)權(quán)流動不平等問題進(jìn)行深入探究；再次對社會保障機(jī)制存在的問題進(jìn)行簡要的分析；最后對征地救濟(jì)機(jī)制存在的問題進(jìn)行分析。第四部分是被征地農(nóng)民合法權(quán)益保障機(jī)制構(gòu)架。本部分首先對完善相關(guān)法律制度進(jìn)行論述；其次對深化農(nóng)地產(chǎn)權(quán)制度改革,即明晰農(nóng)地產(chǎn)權(quán)歸屬、確保土地產(chǎn)權(quán)的平等合理流動提出自己的觀點(diǎn)；再次對加快征地制度改革,即界定公共利益范圍、完善征地程序和健全征地補(bǔ)償制度進(jìn)行深入探究；最后構(gòu)建被征地者利益保障的長效機(jī)制,也就是要建立最低生活、養(yǎng)老、就業(yè)保障機(jī)制和征收救濟(jì)機(jī)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.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923
本文編號：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.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923
【參考文獻(xiàn)】
相關(guān)期刊論文 前1條
1 石佑啟;苗志江;;論農(nóng)村土地征收與農(nóng)民權(quán)益保護(hù)[J];湖北民族學(xué)院學(xué)報(bào)(哲學(xué)社會科學(xué)版);2008年01期
，本文編號：2413525
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