我国被征地农民就业保障法律问题研究
发布时间：2019-07-03 12:24
【摘要】：随着国民经济的快速发展,我国的城市化率突飞猛进,在2012年首次突破50%。与此同时,土地征收的速度和面积继续呈现快速增长。因城市化产生的被征地农民面临着种田无地、就业无岗、社保无门的尴尬境遇,生活在城市和农村的边缘,成为中国又一个弱势群体而被社会广泛关注。就业是民生之本,被征地农民的就业问题关系着农民切身利益、国家的长治久安以及社会主义和谐社会构建。从法律层面探讨被征地农民的就业保障既是对于民生问题的关注,也是依法治国在就业工作上的具体体现。本文共分五个部分： 第一部分对被征地农民就业保障的相关基本理论问题进行阐释,为整个研究提供理论铺垫。包括对被征地农民、被征地农民就业保障概念的界定,以及对于被征地农民采取就业保障的法理基础的阐述。 第二部分首先对被征地农民就业政策进行梳理,然后通过实证研究展现被征地农民的就业现状,剖析现阶段我国被征地农民就业保障环节面临着就业不足、政府未承担应有法律责任、就业培训缺乏、平等就业受到歧视等法律问题。 第三部分就如何从立法上对被征地农民就业提供保障进行了专门探讨。通过中外比较研究的方法,分析社会保障先进国家对于就业保障,特别是对于被征地农民就业保障立法上的先进经验,结合我国在此方面的立法不足,提出应加强被征地农民就业立法关注,明确政府在保障被征地农民就业上的法律责任,提出了被征地农民就业立法原则并将相关立法细化,以增加可操作性。 第四个部分就如何从执法上对被征地农民就业提供保障进行了专门探讨。首先通过对执法体制、执法措施的分析概括出我国被征地农民就业执法保障上存在的不足,进而提出在就业执法保障上建立完善的被征地农民就业保障机制,完善保障被征地农民的执法措施。 第五个部分对被征地农民就业的法律救济进行探讨。从司法救济、行政救济和社会监督三个方面进行分析,指出法律救济在就业保障上的不足,提出在司法救济上增加诉讼的可行性,行政救济上程序更加公开公平,社会监督上更加重视。
[Abstract]:With the rapid development of the national economy, the urbanization rate of our country has advanced by leaps and bounds, breaking through 50% for the first time in 2012. At the same time, the speed and area of land expropriation continue to show rapid growth. Because of urbanization, the land expropriated farmers are facing the awkward situation of landless farming, unemployed employment and no access to social security. They live on the edge of urban and rural areas, and become another vulnerable group in China, which has been widely concerned by the society. Employment is the foundation of people's livelihood. The employment of land-expropriated farmers is related to the vital interests of farmers, the long-term stability of the country and the construction of a harmonious socialist society. To explore the employment security of land-expropriated farmers from the legal point of view is not only the concern of people's livelihood, but also the concrete embodiment of ruling the country according to law in the employment work. This paper is divided into five parts: the first part explains the basic theoretical problems of employment security of land-expropriated farmers, which provides a theoretical foundation for the whole study. Including the definition of the concept of employment security for land-expropriated farmers and land-expropriated farmers, as well as the legal basis of employment security for land-expropriated farmers. The second part first combs the employment policy of the land expropriated farmers, and then shows the employment status of the land expropriated farmers through empirical research, and analyzes that the employment guarantee links of the land expropriated farmers in our country are facing insufficient employment, the government does not bear due legal responsibility, the employment training is lack, the equal employment is discriminated against and so on. The third part discusses how to guarantee the employment of land expropriated farmers in legislation. Through the method of comparative study between China and foreign countries, this paper analyzes the advanced experience of advanced countries in social security for employment security, especially for the employment security legislation of land-expropriated farmers, and combined with the lack of legislation in this regard in our country, puts forward that the employment legislation of land-expropriated farmers should be paid more attention to, clarify the legal responsibility of the government in ensuring the employment of land-expropriated farmers, and put forward the principles of land-expropriated farmers' employment legislation and refine the relevant legislation. To increase maneuverability. The fourth part discusses how to guarantee the employment of land expropriated farmers from the point of view of law enforcement. First of all, through the analysis of the law enforcement system and law enforcement measures, this paper summarizes the shortcomings of the employment law enforcement guarantee of the land expropriated farmers in our country, and then puts forward to establish a perfect employment guarantee mechanism of the land expropriated farmers in the employment law enforcement guarantee, and to perfect the law enforcement measures to protect the land expropriated farmers. The fifth part discusses the legal relief of the employment of land-expropriated farmers. From three aspects of judicial relief, administrative relief and social supervision, this paper points out the shortcomings of legal relief in employment security, and puts forward the feasibility of increasing litigation in judicial relief, more open and fair procedures in administrative relief, and more attention to social supervision.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5
本文编号：2509381
[Abstract]:With the rapid development of the national economy, the urbanization rate of our country has advanced by leaps and bounds, breaking through 50% for the first time in 2012. At the same time, the speed and area of land expropriation continue to show rapid growth. Because of urbanization, the land expropriated farmers are facing the awkward situation of landless farming, unemployed employment and no access to social security. They live on the edge of urban and rural areas, and become another vulnerable group in China, which has been widely concerned by the society. Employment is the foundation of people's livelihood. The employment of land-expropriated farmers is related to the vital interests of farmers, the long-term stability of the country and the construction of a harmonious socialist society. To explore the employment security of land-expropriated farmers from the legal point of view is not only the concern of people's livelihood, but also the concrete embodiment of ruling the country according to law in the employment work. This paper is divided into five parts: the first part explains the basic theoretical problems of employment security of land-expropriated farmers, which provides a theoretical foundation for the whole study. Including the definition of the concept of employment security for land-expropriated farmers and land-expropriated farmers, as well as the legal basis of employment security for land-expropriated farmers. The second part first combs the employment policy of the land expropriated farmers, and then shows the employment status of the land expropriated farmers through empirical research, and analyzes that the employment guarantee links of the land expropriated farmers in our country are facing insufficient employment, the government does not bear due legal responsibility, the employment training is lack, the equal employment is discriminated against and so on. The third part discusses how to guarantee the employment of land expropriated farmers in legislation. Through the method of comparative study between China and foreign countries, this paper analyzes the advanced experience of advanced countries in social security for employment security, especially for the employment security legislation of land-expropriated farmers, and combined with the lack of legislation in this regard in our country, puts forward that the employment legislation of land-expropriated farmers should be paid more attention to, clarify the legal responsibility of the government in ensuring the employment of land-expropriated farmers, and put forward the principles of land-expropriated farmers' employment legislation and refine the relevant legislation. To increase maneuverability. The fourth part discusses how to guarantee the employment of land expropriated farmers from the point of view of law enforcement. First of all, through the analysis of the law enforcement system and law enforcement measures, this paper summarizes the shortcomings of the employment law enforcement guarantee of the land expropriated farmers in our country, and then puts forward to establish a perfect employment guarantee mechanism of the land expropriated farmers in the employment law enforcement guarantee, and to perfect the law enforcement measures to protect the land expropriated farmers. The fifth part discusses the legal relief of the employment of land-expropriated farmers. From three aspects of judicial relief, administrative relief and social supervision, this paper points out the shortcomings of legal relief in employment security, and puts forward the feasibility of increasing litigation in judicial relief, more open and fair procedures in administrative relief, and more attention to social supervision.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5
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