Empirical Research On Security Of Housing And The Survival Of Farmers

Local government practises the policies of replacement of homestead in the course of urbanization .the main purpose of which is to provide land for urban development and construction or land indicators. Especially in 2004, the most stringent system of farmland protection was adopted by central government, and Indicators of land expropriation were restricted and supervised by central government. So, various regions government had to turning their attention to local collective constructional land. In order to save constructional land Indicators for alleviating difficulties about the land indicators of urban development, they take series of measures to use intensively collective constructional land, such as replacement, arrangement, and so on. However, because actual Homestead system was prescribed in general terms, and the problem of property right and adscription were vague extremely all the while, So, to promote the shift of rural area and urbanization, there are lots of problems, which is not only in system, but also in practice. This article pays mostly attention to the right of housing and livelihood, and studies these problems based on surveying.Above all, this article borders a definition of the replacement of homestead. By contrast with Anhui province practice, the author thinks that Shanghai combines with some measures, the contracted management right of agrarian is replaced by social security of town, identity transform from farmer to townspeople, with intensive utilization homestead and compensate farmer with corresponding housing; But Anhui province practice focuses on intensive use land and make land arrangement, the saving indicators of land will be transferred to cities and towns, there aren't almost use of agricultural land contractual management rights to replace the urban social security, and identity transformation did not happen. In this sense, I think Shanghai is more prominent in the characteristics of property rights protection and social transformation in practice, issues of right for housing and living are relatively obvious meanwhile. Anhui highlights the intensive use of rural residential land, issues of right for housing and the living is relatively alleviated.Secondly, from view of"making cultivators have field, making livers have house"to sort out approach of agricultural land reform since in 1949, that both rural collectivization movement and the household contract responsibility system are our Party and state's implementation of the policy of"making cultivators have field, making livers have house". Although the statute does not specify the rural land commitment to housing and survival of countryside, but we can find the rural land system play a significant role in these areas through series of political strategy and political practice being implemented and perfected in rural society. But theses political strategy and political practice increasingly face challenges and crises in the growing urbanization. Local government is heavily dependent on"land finance", grassroots social logic of governance, and the rules of agricultural land ownership is vague and unscientific, local government practices of land expropriation and homestead replacement are challenging traditional rural society land foundation of housing and survival. According to the research, the author reviews of the macro background and finds further reform of the trend of development The main trend is rural land system reform combined with"social security"comprehensive reform, though reform needs further improvements from a system aspect because of lots of existing problems.Thirdly, based on the research pilot project and non-pilot areas in the suburbs of Shanghai, the author mainly describes the characteristics of homestead replacement practice from the background, policy and practice of the Shanghai. To better understand Shanghai's Homestead Exchange and it's problems, the author compares Shanghai practice with Tianjin's "Rooms Exchange Homestead, Chongqing"land votes transactions"and Anhui's homestead replacement, and finds that in order to obtain land indicators which support for urban development and the fiscal indicators income behind the land in those areas, they are trying to reform system of rural collective constructional land in fact with different name. While there are different standards and ways of implementation, but there are no substantive change on the concept of develop or operate urban, which relying on the"land targets"and"land income"behind the difference, especially in the context of indicators of cultivated field are gradually control strictly by central government, while local authorities have to find for land indicators of urban development from farmland to collective constructional land in rural areas But in this process, the land rights of rural areas and farmers, become the victims of urban development in a sense. Security of housing and the survival protection of rural society gradually come out to a derivative of urbanization, and those problems gradually test our Party and the State's ability to govern.Fourth, the article takes the rights of housing about "farmers" who entering into city to live after homestead replacement as the focus. In the process of homestead replacement, there is a big difference between rural area and the urban, especially in the traditional mode of production, social structure and family structure, and which makes"farmers"who enter into city to live became root of the problem on housing space, housing habits, and housing property rights step by step. The academic study of this area is very weak, through research and interviews with farmers, the author finds that it is hard to get rights of housing to part of farmers after he homestead replacement; "voluntary" principle can not be effectively complied with in the current of rural society structure and control logic; pay expenses come into being after farmers enter into the district threat to the sustainability of living into the community; the relationship between population structure of families and distribution of housing numbers or space during the homestead exchange are unsustainable. Resulting in rights of migrant housing is difficult to be effectively maintained. I think that the policy and law should clearly provide that the rights of housing of the farmer involved in should be guaranteed. Meanwhile, in order to effectively protect the rights of farmer's housing, local government should return to as part of transfer payments on the savings homestead land or land indicators to farmers, and this part of funds should be defined strictly to security as well as their children's, and earmark a fund for farmers housing purpose only.Fifth,"right to life"involved in peasant after replacement of homestead as the center. In the process of homestead replacement, governments of districts and counties volunteerly implement"land exchange small urban social security", I think that this policy and practice seems to maintain farmers survival, but there is suspicion on land rights and farmers survival which are deprived by a disguised form in essence. This is because "land exchange small urban social security" still has many limitations in the legal aspects, especially in the traditional land compensation, the model of"land exchange small urban social security", which extended to through the"land transfer by small urban social security".Through"land transfer by small urban social security", urban planning scheme area the savings indicators to achieve transferring, however, those land which by "land exchange small urban social security" should be imposed in urban planning area, , because those land have been by the form which"land transfer by small urban social security". So, we can find there is such a paradox that in the legal level through the "land contracted management rights" replaced by"small urban social security", the local government through measures of land acquisition turns land by"land transfer by small urban social security"into a state-owned constructional land but in the practical level. I believe that it is a practice which local government better controls the collective constructional land with "land contracted management rights" replace"small urban social security", have to implement law and policy which require to give landless peasants social security in law and policy level in essence. In this sense, in the process of homestead replacement,"land transfer by small urban social security"is the traditional land system which continues to run in the new historical conditions, but compared with the traditional practices, this continuation of the way and level of land compensation have been improved greatly. However, the ideas by depriving farmers of land rights and land value-added benefits has no real sense of change, there is no effective measure to implement the central policies which require that rural collective land should be equal to state-owned land for construction in"the land the rights and prices". So this model is in a way to protect farmer's survival, at the same time in violation of land rights of farmers.However, compared to traditional land,"land transfer by small urban social security"has been greatly improved. So it was generally accepted and approved by rural farmers in practice, especially the funding of"small urban social security"and security benefits has been upgraded, which determines that this model has been chosen a certainly rationality.But"land transfer by small urban social security"in various districts, towns in the context of severe stress on insurance money, and the new"Social Insurance Law"in 2009 is issued ,which established the new agricultural insurance system, It is the main content on the implementation of the"individual contributions and collective benefits, government subsidies". These systems continuously shock to the practice of"land transfer by small urban social security". According to practice, I believe, in order to better safeguard the land rights of survival about farmers involved in land, the law should be gradually transformed in the practice of"land exchange small urban social security"based on clear"land contract and management rights"for"small urban social security".Farmers should also be entitled to land ownership, the right of access to land management, land acquisition for the right to participate and enjoy the land revenue and land rights; after"land exchange small urban social security", the farmers involved in land should also be entitled to the right of land development; local government should bear the responsibility to protect the right of farmers survival, after the practice of"land exchange small urban social security".