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水库移民问题归根到底是权利问题,切实保障水库移民的合法权益是构建法治社会的内在要求。通过对水库移民权益保障相关法律分析,认为当前我国水库移民权益保障立法层次较低、盲点较多、公平性体现不够、滞后现象严重,且有些法律条款之间还存在相互抵触现象;指出鉴于水库移民在社会阶层中的弱势地位,有必要对其权益保障进行专门立法,从而有利于全面落实宪法和法律规定的相关权利,提高水库移民的维权意识,规范政府征地行为,充分体现社会公平和正义,促进和谐社会建设。
The problem of reservoir resettlement is, in the final analysis, the issue of rights. Effectively safeguarding the legitimate rights and interests of reservoir immigrants is an inherent requirement of building a society ruled by law. Through the legal analysis of the protection of the rights and interests of the reservoir immigrants, it is considered that there is a low legislative level, more blind spots, inadequate fairness and lagging behind the legal rights of the reservoir immigrants. Some of the legal provisions also conflict with each other. The disadvantaged status of immigrants in the social strata necessitates special legislation on the protection of their rights and interests, which is conducive to the full implementation of the relevant rights stipulated by the Constitution and laws, raising the consciousness of activists for reservoir immigrants, standardizing the government’s land requisition, fully embodying social fairness and justice , Promote the building of a harmonious society.