基于可持续生计的失海渔民利益补偿问题研究
发布时间：2018-10-24 19:23
【摘要】：解决好“三农”问题始终被我们党和政府视为落实民生工作的首要任务，近年来，失地农民的权益受损问题已经引起了各级政府和有关部门的重视并且相关的救济和补偿工作也在逐步开展与完善中。但是作为农民大家庭一分子的渔民因海域使用权被收回而陷入“失海”困境，他们却并未享受到相关政策带来的福利。国内渔民权益保障政策不到位的现状，，使得渔民“失海”后不得不独自面临和承担失业、经济利益受损、正常生活保障缺失等一系列问题。因此，失海渔民的可持续生计问题，已越来越成为沿海地区一个较大的、值得关注的社会现实问题。基于这样的背景，本文认为有必要从分析造成渔民“失海”的原因入手，按照构建和谐社会的要求，把实现“可持续生计”作为失海渔民利益补偿政策的基本目标，来探寻解决失海渔民利益补偿问题的路径所在。 本文研究后认为，现阶段我国失海渔民的利益补偿工作中存在的问题主要表现在补偿法规不统一，补偿标准模糊，补偿方法简单，补偿程序混乱，救济手段不完善等方面，在利益补偿工作中存在的这一系列问题对失海渔民获得并维护其合法权益产生了较大的负面影响。本文在进一步将造成失海渔民利益补偿工作中所出现种种问题的原因加以归纳后认为，相关法律法规的缺失是造成各地失海渔民利益补偿规定混乱、标准不一的必然原因，公开透明化的利益补偿程序尚未形成是造成失海渔民利益补偿工作无序的重要原因，国家和各级政府配套救济工作滞后是造成失海渔民利益补偿过程中缺乏相应救济措施的主要原因。 本文认为，要全面做好失海渔民的利益补偿工作必须从以下五个方面着手：首先，遵循失海渔民利益补偿的相关原则，以保证此项工作得以公平公正地开展；其次，设立合理的失海渔民利益补偿范围和补偿标准，以使得补偿费用的计算有理有据；复次，制定规范化的失海渔民利益补偿程序，以确保利益补偿过程的公开透明；再次，建立多种有利于实现失海渔民可持续生计的利益补偿方式，以满足不同利益受损者的需要；最后，强化失海渔民利益补偿的救济和监管工作，以保障失海渔民享有合法的申诉和救济权益。
[Abstract]:To solve the "three rural issues" has always been regarded by our party and government as the primary task in implementing people's livelihood work. In recent years, The loss of farmers' rights and interests has attracted the attention of all levels of government and relevant departments, and the related relief and compensation work is also gradually developing and improving. But fishermen, a member of the peasant family, are caught in a "lost sea" dilemma because of the withdrawal of the right to use the sea, and they do not enjoy the benefits of the relevant policies. The present situation of domestic fishermen 'rights and interests protection policy is not in place, which makes fishermen have to face and bear a series of problems after losing the sea, such as unemployment, loss of economic interests, lack of normal life security and so on. Therefore, the sustainable livelihood of fishermen has become a larger social reality problem in coastal areas. Based on this background, this paper thinks that it is necessary to start with the analysis of the causes of fishermen 'loss of the sea, according to the requirements of building a harmonious society, to realize "sustainable livelihood" as the basic goal of the policy of compensation for the interests of fishermen who have lost the sea. In order to find a solution to the problem of compensation for the interests of fishermen lost in the sea where the path. After the study, the author thinks that the problems existing in the interest compensation work of the fishermen who have lost the sea in our country at present are mainly manifested in the disunity of the compensation laws and regulations, the ambiguity of the compensation standard, the simple compensation method, the confusion of the compensation procedure, the imperfection of the relief means, and so on. This series of problems in the interest compensation work have had a great negative impact on the fishermen who lost the sea to obtain and maintain their legal rights and interests. In this paper, the author concludes that the lack of relevant laws and regulations is the inexorable cause of confusion and different standards of compensation for the interests of fishermen who have lost the sea, after summarizing the causes of various problems in the compensation work for the interests of the fishermen who have lost the sea, and conclude that the lack of relevant laws and regulations is the inevitable cause. An open and transparent interest compensation procedure has not yet been formed, which is an important reason for the disorder of compensation for the interests of fishermen who have lost their sea. The main reason for the lack of corresponding relief measures in the process of compensation for the interests of fishermen who have lost the sea is the lagging of the supporting relief work of the state and the governments at all levels. This paper holds that in order to do well in the compensation of the interests of the fishermen who have lost the sea, we must start from the following five aspects: first, follow the relevant principles of compensation for the interests of the fishermen who have lost the sea, so as to ensure that this work can be carried out fairly and fairly; secondly, Set up reasonable compensation range and compensation standard for the interests of fishermen who lost the sea, so as to make the calculation of compensation cost reasonable; again, establish a standardized procedure of compensation for the interests of fishermen who have lost the sea, so as to ensure the transparency of the process of compensation for the interests of the fishermen; thirdly, To establish a variety of benefits compensation methods conducive to the sustainable livelihood of lost fishermen to meet the needs of people with different interests; finally, to strengthen the relief and supervision of compensation for the interests of lost fishermen. In order to protect the loss of the sea fishermen enjoy legal complaints and relief rights.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.4;F326.4
[Abstract]:To solve the "three rural issues" has always been regarded by our party and government as the primary task in implementing people's livelihood work. In recent years, The loss of farmers' rights and interests has attracted the attention of all levels of government and relevant departments, and the related relief and compensation work is also gradually developing and improving. But fishermen, a member of the peasant family, are caught in a "lost sea" dilemma because of the withdrawal of the right to use the sea, and they do not enjoy the benefits of the relevant policies. The present situation of domestic fishermen 'rights and interests protection policy is not in place, which makes fishermen have to face and bear a series of problems after losing the sea, such as unemployment, loss of economic interests, lack of normal life security and so on. Therefore, the sustainable livelihood of fishermen has become a larger social reality problem in coastal areas. Based on this background, this paper thinks that it is necessary to start with the analysis of the causes of fishermen 'loss of the sea, according to the requirements of building a harmonious society, to realize "sustainable livelihood" as the basic goal of the policy of compensation for the interests of fishermen who have lost the sea. In order to find a solution to the problem of compensation for the interests of fishermen lost in the sea where the path. After the study, the author thinks that the problems existing in the interest compensation work of the fishermen who have lost the sea in our country at present are mainly manifested in the disunity of the compensation laws and regulations, the ambiguity of the compensation standard, the simple compensation method, the confusion of the compensation procedure, the imperfection of the relief means, and so on. This series of problems in the interest compensation work have had a great negative impact on the fishermen who lost the sea to obtain and maintain their legal rights and interests. In this paper, the author concludes that the lack of relevant laws and regulations is the inexorable cause of confusion and different standards of compensation for the interests of fishermen who have lost the sea, after summarizing the causes of various problems in the compensation work for the interests of the fishermen who have lost the sea, and conclude that the lack of relevant laws and regulations is the inevitable cause. An open and transparent interest compensation procedure has not yet been formed, which is an important reason for the disorder of compensation for the interests of fishermen who have lost their sea. The main reason for the lack of corresponding relief measures in the process of compensation for the interests of fishermen who have lost the sea is the lagging of the supporting relief work of the state and the governments at all levels. This paper holds that in order to do well in the compensation of the interests of the fishermen who have lost the sea, we must start from the following five aspects: first, follow the relevant principles of compensation for the interests of the fishermen who have lost the sea, so as to ensure that this work can be carried out fairly and fairly; secondly, Set up reasonable compensation range and compensation standard for the interests of fishermen who lost the sea, so as to make the calculation of compensation cost reasonable; again, establish a standardized procedure of compensation for the interests of fishermen who have lost the sea, so as to ensure the transparency of the process of compensation for the interests of the fishermen; thirdly, To establish a variety of benefits compensation methods conducive to the sustainable livelihood of lost fishermen to meet the needs of people with different interests; finally, to strengthen the relief and supervision of compensation for the interests of lost fishermen. In order to protect the loss of the sea fishermen enjoy legal complaints and relief rights.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.4;F326.4
【参考文献】
相关期刊论文 前10条
1 吴树敬;管加兴;;关于认真解决温州市渔民失海失涂问题的探讨[J];海洋开发与管理;2006年01期
2 赫t
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