The Study to the Landless Farmers in the Process of Urbanization

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1 The Study to the Landless Farmers in the Process of Urbanization ZENG Qi School of Economics & Management,Henan Polytechnic University, Jiaozuo , Henan, P.R.China Abstract the Paper analyses the problems of the landless farmers in the process of urbanization, discusses the reasons coming about the issue of landless farmers and put forward countermeasures and suggestion about how to protect the landless farmers in the process of urbanization. Key words farmer; urbanization; farmer; rights and interests of farmers 1 Introduction Urbanization is the products of economic and social development, and the important sign showing level of a national modernization. The world's urban population has more than 50% the proportion of the total population by the year 2000 and the major industrial countries have achieved a high degree of urbanization. the urbanization rate in 1989, is 75% in the United States, the United Kingdom 89%, France 74%, Germany 86%, Japan 77%, Canada 77%. At the same time, developing countries are also accelerating the development of the city. By 2000, urbanization rate reached 51%. After the reform and opening up in 1978, Chinese city steadily develop, and urbanization rate has accelerated noticeably. The level of urbanization increased from 17.86% in 1978 to 43% in 2005, an average annual increase of 0.93 percentage points. Urbanization means the increased demand for urban construction sites, which urges agriculture to non-agricultural land. As China's level of urbanization accelerates, the area of arable land in China is facing increasingly serious situation. Since 1996, the decrease in arable land area is faster than previous years. From 1997 to 2004 China's arable land decreased net100 million mu of land. Only 2003, a net reduction of 0.48 million mu of arable land, the urbanization has caused serious pressure on China's arable land. Analyzing city of accelerating the formation of factors, we can see that the rapid expansion of cities and large agricultural land occupied is only a part of urban construction and economic development to their own needs, mainly by the following two factors constitute: first, land monopoly is owned by the government. The government spent almost no cost of land acquisition of land, and because of the scarcity of land and the government's monopoly which results in the skyrocketing land prices, the government brought enormous financial revenue generated by this land tremendous interest which drives government to become more land kinetic energy, but also the important factors of illegal enclosure phenomena. Second, the governments on the development of the local economy, the GDP growth, attracting foreign investment in the inter-city have much competition. Such competition is often interpreted as mutual comparisons, the process of mutual competition strength: these can become targets of comparisons like industrial Park zone covering size, the sumptuous office, the number of road, the width Square, a beautiful city honorable competition, and so on, and all of these need a lot of land, This is a major land momentum for government. 2 Farmers problems In the process of urbanization 2.1 A lot of Farmers Unemployed Landless farmers urbanization process is the inevitable result, land is the basic means of production of farmers, but also the livelihood of families reliable and stable source of revenue. Because these farmers had previously been living in farming and lacked other skills, along with the amount of land occupied, many farmers are faced with the "non-farm, non-employment, no minimal safeguard " situation. According to the forecast, when an acre is requisitioned, there will be 0.4 farmers who lost land. What over million mu arable land was requisitioned has resulted in the landless farmers about more than 40 million people. In the entire process of urbanization, China is expected that there will be nearly 600 million farmers losing their land. The urbanization will bring a large number of unemployed 824

2 farmers, so farmers resettlement and transfer will become the concerns of the community. 2.2 The Lack of Protection of Rights and Interests of Farmers From "Land Law" and compensation, at present the right of landless farmers compensation generally is limited to the life support functions, but rarely involved in pension, health care, employment and other social security functions, and also pay little attention to expanding production and the development of rural collective economic. About landless farmer s resettlement, the relative government basically doesn t go on co-ordination arrangements from the social employment and industrial development, but a simple approach that is a one-time payment resettlement payment. Unemployment landless farmers think that "monetary resettlement means no resettlement. When the money completely spends, the left life road is to find solutions through the higher authorities. 2.3 The Embarrassment Identity of Landless Farmers The landless farmers, saying that they are farmers, they have no land; Said they are not farmers, they are hovering on the brink of the city. From the experience of foreign cities, the landless farmers as participants and builders in the process of urbanization, they enjoy the benefits brought to them. This should also be the embody essence of the country urbanization. China, however, is whether policy-making or the actual operation is exclusive to the city of landless farmers. 3 The Cause of the Lack of farmers land 2.1 Local Governments Bear Substantial Land, Leading to "Levy Instead." Some local governments eager to develop the economy, mobilize people to attract foreign investment, engaging in development zones and industrial parks which occupies a lot of rural land, but due to constraints, many places can not absorb investment and funding, resulting in a zone without the industrial park built without development and prosperous, and even expropriation of land left idle grassland resentment causing a waste of land resources. The land is a non-renewable resource, so farmers will decrease per mu yield of "survival field" and a life protection if one mu arable land is levied,. Some local governments ignored the reality to occupy massive land; as a result, the area of arable l is greatly reduced and the rights and interests of farmers are infringed, farmers living worse. 2.2 Local Governments Replace the Market Operation with the Executive Order In the process of land requisition, local governments replace the market operation with the executive order, violating the laws of the market. The current rural land requisition, local governments come out by way of an administrative order of expropriation for the village's collective land, which is then transferred into state-owned land up for sale later. This land policy is the product of the planned economy era, still in use in a market economy, so it has the power to deprive the interests of farmers here. Particularly in the light of the purposes of land acquisition, what the local government expropriates all commonweal land and other non-commonweal land is against the law of the market. 2.3 The Compensation Standards are Low and Scientific Methods of Calculation Lack The scholars name current standard of compensation calculation method the title of "value multiplier", counting the value of land compensation and relocation fees according to average annual output three years before expropriation. The purpose is only to ensure the land requisition farmers not below the standard of living of the original; then land compensation prices has nothing to do with the market price for land, not to consider the land bearing function, farmers and social security functions and special agricultural land value and the right to development and so on. Furthermore, the two about compensation for land and relocation add up to an average of the previous three years, the value of times. This is in accordance with, the rural household contract responsibility system of family initial period of l5-year fixed terms the early 1980s, and "Rural Land Contract Law" provision of agricultural land contract period is 30 years, so the farmers of the land use right period was lower than the statutory term 825

3 2.4 The Current Land Acquisition The current land acquisition and leasing land to the political and economic system cause the dual legal personality, so this is the root causes to damage the land rights of farmers. The nonprofit land requisition system, the government is on behalf of the state social exercise of public authority to seek the common interests of all the citizens, the government and the landless farmer is the relationship of administration. In the Public behavior of the land requisition, local governments only if representatives of the State to exercise coercive power of collective farmers in countries all land to all land, the government and the farmers are still administrative relations. 2.5 The Reform of Rural Household Contract Responsibility System Since the reform of rural household contract responsibility system, the main body of collective ownership is diversity and uncertainty, resulting in ambiguous property rights; this is economic reason that farmers suffer the land rights. In 1989 "General Principles of Civil Law," No. 74, "Land Management Law," Article 10 and "of the agriculture law," Article 11 and other relevant laws, collective ownership of land to farmers of the main provisions of the three grade category "collective farmers," the township (town) farmers collective, village farmers collective and collective farmers of the collective economic organizations. 4 Policy and Recommendations about Protecting the Rights of Landless Farmers Urbanization is an irreversible historical trend, but not at the cost of farmers interest. Landless farmers issue is related to the overall situation of reform, development and stability, so we should attach great importance to and actively explore the process of urbanization in the protection of the rights of landless farmers measures. Let farmers share fruits of industrialization and urbanization brought about by modern civilization. 4.1 Strictly Control the Scale of Land Requisition Premier Wen Jiabao pointed out: In rural land requisition, it is necessary to strictly control the scale of land requisition, accord to the planning and land acquisition procedures, promptly gave farmers reasonable compensation and ensure the protection of the legitimate rights and interests of farmers. Improving the "public interest" sites defined. In recognition of land acquisition conform to the "public interest", "public interest purposes," should be added in the land expropriation procedures designed. That is, in the audit part of the declaration, the body designated by the project conforms to the "public interest purposes." Taking into account China's existing land management agencies,, proposed acquisition of land throughout Review Committee led by the leadership of the government to prevent and eliminate rent-seeking phenomenon repeated in the long land,, relevant departments, such as the Land Authority, Planning Board participation, periodic review of the project is reported to the land in the public interest principle. Land rights are the state's mandatory administrative power, it should be used strictly for public welfare projects sites and completely withdraw from the business of construction projects. Governments at all levels must anti-land rights, to minimize the size of land. Illegal land use right for commercial development, or for enterprises and individuals land, we must formulate strict punitive measures to restrict land requisition power to prevent rights abusers. 4.2 Content-oriented Urban Development to the Land Use of Space Based on China's national conditions and the current stage of economic development, gradually realize the change of the extension of urban expansion to the expansion. Under the premise of the economical use of land and protecting arable land, develop scientific reasonable of size standards urban land, tap the potential of urban land stock and make full use of the top underground space and improve land-use efficiency. Reduce the pressure on the conversion of farmland for construction through the transformation of the old city and other ways. Making full use of top space, we should focus on the development of urban underground space. With the exception of China's developed areas of large cities, 826

4 about the existing small and medium-sized cities in particular small towns the development and utilization of underground space is almost blank. 4.3 Relying on the Concept of People-centered Development People-centered is the core and essence of scientific concept of development. People-oriented "person" refers to the main rural, agricultural masters - farmers. In urban construction, farmers must adhere to the farmer-based value approach to all farmers, the farmers as the comprehensive development of urban development and construction goals. On March 10, 2004, Comrade Hu Jintao at the central work conference on population, resources and environment, pointed out: "Adhering to People-centered means to achieve comprehensive development, from the people's fundamental interests and development, and promote development, constantly meet people's growing of the need material and culture and guarantee the people's economic, political and cultural rights and interests, benefit all the people the fruits of development " [1] 4.4 The Establishment and Improvement of Landless Farmers of the Social Security System The social security system is the system of social systems "security subsystem", and the important function is to resolve social functioning in the process of "fault" and sudden instability. Before the overall, formal social security system in rural areas is difficultly established, the land actually charged with the most basic functions of life, which is in irreplaceable status. Once the land was expropriated, the farmers have lost the physical protection and long life of the bearing, resulting in the lives of future generations of even risk factor greatly enhanced. Therefore, it is as stated in the land of justice in order to establish security of landless farmers; this is the kind of compensation losses. 4.5 Accelerating Labor and Employment System Reform Government goes on a land acquisition develops economy, and the provides public goods by using powers; the aim is to raise the level of welfare of citizens; To the landless farmers who lose land for the overall development should enjoy equal rights in this development. This requires producing jobs in economic construction and urbanization, industrialization process, and the landless farmers in these jobs, access to new employment opportunities. This requires improving the labor market, and further promotes a market-oriented employment mechanism; the building of a city, county, district centers for the labor market to the streets, township labor management services at the network of employment service network, in particular the town to a full-time staff allocation for the employment of landless farmers specific work, focusing on the unemployment register landless farmers, job registration, employment agencies, vocational training, labor export services. It is necessary to promote employment through strengthening vocational skills training. The important point of resettlement of landless farmers should focus on improving the competitiveness of the job; they can have the necessary urban employment or entrepreneurial skills through training, and the increase of employment capacity in the competitive labor market in the city employment. Recommend a certain proportion of funds for the "farmers without land" job training from the land sold off; from the district, the town of Unity, the training of organization is free; the persons who seek professional training institutions for skills training themselves gain appropriate professional qualifications certificates, granted subsidies. 5 Conclusions If China wants to achieve modernization, we must first solve the problem of landless farmers, and the land rights issue. In order to achieve social equity, it must protect their rights, including the right to life, right to development, equitable distribution of social rights. At this stage our Party solves these problems, she must and introduce policies guaranteeing landless farmers rights according to the "three represents" and reduce the abuse and deprivation on farmers. Only thus, can we solve the fundamental in the development of rural areas, agriculture, and consolidation of a well-off society, to lay the foundation for the realization of socialist modernization. 827

5 References [1] Yu jian rong. Land issues have become the focus of farmers defend their right to protest. [EB/OL]. (in Chinese) [2]The Supreme People's Procuratorate Legal Policy Research. Judicial interpretation of laws and regulations Daquan.[M]. Beijing: China Fangzheng Publishing House,2004. (in Chinese) [3]Jia yingbi. The reform of the current land system, and ensure the protection of the land rights of farmers[a]. China (Hainan) Reform and Development Research Institute. Farmers Rights Protection[c]. Beijing: China's economy Press,2006. (in Chinese) [4]Ma zhanhong. China's reform on land requisition system[d]. Wuhan: Huazhong Agricultural University,2003. (in Chinese) [5]Douglas. C. Ruo Andean. Economic structural change in the history [M]. Shanghai: Sanlian Bookstore,

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