对失地农民弱势群体的法学考察——基于失地农民法律权利弱势性角度的分析

Analyzing Lost-land migrants:A Perspective of the Legal Rights of the Disadvantaged

目前,人们对失地农民的关注明显不足。失地农民失去的不仅是土地,而且是附载在土地上的一切权利。对失地农民这一特殊概念的法学内涵进行揭示,避开弱势群体一般意义上的外观弱势性表现,深入其权利弱势结构内部对失地农民予以界定和进行理性思考,是十分必要的。

＂Lost-land migrants＂ is a heated topic among sociological, economic and legal academics at present, but it is obvious that less concern is given to the double identities of ＂lost-land migrants. ＂ This article points out that what lost-land migrants have lost is not only land, but also rights that appertain to land, based on which this author analyzes the legal connotation of the concept of this special community. Leaving aside the general appearance of the disadvantaged, the analysis redefines the community by way of unearthing the inferior features of its rights. Furthermore, it observes the defects of the rights of lost-land migrants that result in their disadvantaged status. In the end, this article recommends an effective way to defend the rights of lost-land migrants.