A Study of the Influence to the Farmers'' Rights in Land Acquisition Because of the Loss of Ecological Compensation
土地征收中生态补偿缺失对农民权利的影响

In this paper, data analysis and theoretical analysis were used to summarize some issues on loss of ecological compensation in the land acquisition compensation both in China and abroad, and especially the obvious deficiencies of the compensation system of China, such as inadequacy support for compensation theory, the small scope of compensation, lower compensation, amount of compensation which is not in place, and so on. Such system defects cause not only the loss of large amount of farmland, but also the influence to the ecological environment of agriculture, and directly violate the land use rights of farmers, such as land division resulted from land acquisition, the formation of the scale ineconomic land, the loss of land-use efficiency, decrease in productivity of the adjacent land, and violation of the farmers' neighboring rights. Land is the base for the farmers to survive, multiply and develop from generation to generation. At the same time, land is the basic livelihood guarantee of farmers and the basic sources of livelihood. The farmers losing lands means losing the basis of survival and development and losing their rights to survival and development. Attributes of the land resources indicate that land acquisition must involve the change of land use and the ecological environment factors and guarantee the farmers' environmental rights. Therefore, we must improve the land acquisition system and establish an effective means of market operation in order to achieve social justice and harmony through the correct assessment of ecological value of agricultural lands to compensate for the loss of landless farmers fairly and reasonably.