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如今,我国对三峡库区移民权利的保护程度已经大为提升,保护移民权利等一系列制度在我国相继建立起来。从立法和现实司法实践来看,我国对移民的利益保护没有达到“法律”的层面,而更多的是法规和政策,其补偿范围和价格主要是通过政府和业主公司谈判确定实现的。现在,被遗忘的贫困移民群体的现实境遇很少有人问津,许多移民耕地减少,就业无门、财产贬值、生活水平下降等问题未得到解决。本文认为,为了建立起完善的移民法律法规体系,保障移民的合法权利,必须改变目前传统的行政色彩很浓的、具有扶贫与救济性质的工程效益分享政策,以淹没区资源价值转移理论为依据,以更好的修复被破坏的社会关系,寻求一种以政府为主体的补偿责任制度。
Nowadays, our country has greatly improved the protection of the rights of emigrants in the Three Gorges reservoir area, and a series of systems of protecting the rights of immigrants have been established one after another in our country. Judging from the legislative and practical judicial practice, China’s protection of the interests of immigrants does not reach the level of “law”, but more is the laws and regulations, the scope of compensation and the price is mainly determined through negotiations between the government and the owners of the company . At present, the forgotten impoverished immigrant groups are seldom visited in the real world. Many immigrants have reduced their cultivated land, lack of employment, depreciation of property and declining living standards have not been solved. This paper argues that in order to establish a perfect system of immigration laws and regulations and to protect the legitimate rights of immigrants, we must change the current traditional policy of sharing benefits of projects that is rich in administration and of poverty alleviation and relief. Based on the theory of value transfer in inundated areas , In order to better repair the destroyed social relations and seek a liability-based compensation system with the government as the main body.