Reasearch On The Protection Of The Farmers’ Rights And Interests In The China’s Rural Homestead Exit

In the rapid process of industrialization and urbanization, arable land area decreased day by day, which threats nation’s food security seriously. So, the State Council puts forward the "eighteen million acres of farmland protection red line", which means that relying on occupying farmland to meet construction demand has been restricted by nation. How to cope with the contradiction of construction and protection properly? Then the policy that Urban Construction Land Increase and Rural Residential Land Decrease produced. This policy through the demolition of the old (rural construction land), creation of the new (urban construction land) and land reclamation, to make sure the same amount of the total arable land and not reduced arable land area, also, without lowing the land quality, which all make the most use of land and realize rationalization. As a major component of rural construction land, homestead is an important part of this policy. In practice, the local government through replace or clear up rural homestead and other forms to promote Homestead Exit. Then the government sort out the homestead reclamation, and on the base of "balanced divination total arable land", get some saving indicators of the land for construction to ease the development of urban construction land supply "bottleneck." Therefore, Homestead Exit of the Urban Construction Land Increase and Rural Residential Land Decrease policy played a positive role in promoting farmland protection, relieving stress of construction land. As homestead carries out a role of farming operation, farmers’ survival of living guarantee, low-cost way of life, Homestead Exit will affect the lifestyle of farmers. Under the background of China has a not sound social security system, homestead is regarded as the last barrier of survival of farmers in rural area. So, in the process of promoting Homestead Exit, the local government should follow in the principle of "voluntarily" and "paid" to make exiting land farmer live and work steadily. However, in the current implementation process of Urban Construction Land Increase and Rural Residential Land Decrease policy, farmers as the main of exiting homestead, their rights and interests have not been effectively protected, and their rights and interests damaged generally when the local government promoted homestead exit. Currently, under the background of urban and rural construction sites linked, the problem of farmers’ rights and interests in the homestead exit has attracted government’s high attention, and has been a key impact on China’s new rural construction and urbanization development. Therefore, researching protection issues of farmers’ rights and interests will no doubt be significant to protect farmers’ rights and rural social stability, promote the development of industrialization and urbanization smoothly.This paper through the analytical framework of "related concepts defined-build the theoretical foundation-an empirical analysis-identify the source of the problem-the proposed rights protection policies," uses theoretical analysis, normative analysis, case studies, empirical analysis and Game analysis and other research methods, makes a detailed study of farmers’ rights and interests protection in the homestead exit. Based on this analytical framework, the paper discussed from the theoretical research, empirical analysis, policy suggestions three levels, which make up the basic contents of this paper:The whole paper contains six chapters, part one is theoretical research. Firstly, the paper applied normative analysis method, defined the concept of rural homestead exit from exiting subject, object, form, and defined the concept of farmers’rights and interests.and determine the research scope of this article. Then, the paper chose three associated theories with the study that are land property rights theory, fair and efficiency theory and game theory, and made a brief analysis of their application of protecting farmers’rights and interests in the homestead exit, which is an important theoretical reference for further research.Part two mainly analyzed theoretically the influence that rural homestead exit makes on farmers’rights and interests. At first, the paper makes a system summary of our country current rural homestead exit from the exiting background, the practice patterns and characteristics. On this basis, through analyzing the rural homestead system, Urban Construction Land Increase and Rural Residential Land Decrease policy, the farmer rights and interests which are carried on the homestead, the paper defined the connotation of farmers’ rights and interests in the homestead exit, and combining with the homestead exitpractice,analysis the homestead exit influence on farmers’economic.politicalandsocial rights and interests.Part three is an empirical research of farmers’ rights and interests damaging problem in the process of rural homestead exit. Following the theory of the feasibility of Amartya Sen ability, forming evaluation index systems inculding five level indicators and16secondary indicators to measure farmers’ rights and interests that damaged, five level indicators included economic situation, housing conditions, dwelling environment, subsistence allowances and psychological factors,16secondary indicators included agricultural income, non-agricultural income, ordinary spending, housing area, housingstructure, housingquality, agriculturalacreage, employment, opportunities, socialsecurit, law-and-ordersituation, sanitarycondition, medicalstandards, educationalplant, lifesatisfaction, economic satisfaction, on this basis, build a analyzed model of measuring farmers’ rights and interests damaged, and with the323household survey data of Chongqing Jiulongpoqu, measured the rights and interests problem of exiting land farmer. Results show that it has greatly improved the housing conditions and dwelling environment of the farmers,but with changes of farmers’living, inevitablely, changes have taken place in farmers’ production and living ways, farmer’s rights and interests received different levels damaged in the exit process of the homestead exit, especially economic rights and interests of farmers and the social security has been damaged more serious.Part four is based on case studies and research on the level of farmers, combining with the fact that farmers’ land rights and interests is damaged, from perspectives of the land property rights system, different behavior subjects’benefit gambling, analyzes the reasons of why farmer’s rights and interests is damaged in the homestead exit. We construct game model to analyze between farmers and the local government, in the process of game analysis,we use the principle of from simple to complex,gradually relax game hypothesis,conclud the reasons of farmers’ land rights and interests damaging,(1)the behavior of local government is lack of effective constraints and supervision.in the absence of any restrictions, each benefit main body tends to make better decisions for themselves. Local government due to the multiplicity of privileges and its own identity, the cause of the government departments have the priority to protect their own interests.(2)the farmers are lack of consciousness and ability of safeguarding rights.In the bargaining process of farmers and the local government,the local government have priority of making poliy,often throw first realize own solution to maximize pro fit, then see the reaction of farmers to make policy adjustment.Under China’s current political system and power strcture,farmenrs are in a disadvataged position in politics.,an the sanme time,their consciousness and ability of safeguarding rights are lack because of low cultural degree.Throughout the game, due to the powerless, the farmers are in a weak position, in the game, can’t bargain with the strength of the local government and farmers’ rights and interests of all aspects can not get effective protection. From the point of property right system of rural homestead, land ownership is not clear, the land property rights power of rural residents is not perfect, lack of land development rights of farmers’ land rights and interests is damaged.Part five are conclusions and policy suggestions,As for the present situation and reasons of farmers’ rights and interests being damaged in the current rural homestead exit, chapter six put forward countermeasures to protect farmers’ rights and interests. Policy Suggestions including:one is to perfect the land property rights system, mainly including clear the ownership and use right of the land, build up the land development rights system and establish legal security system of rural homestead exit. Second is to turn on the government’ role. The third one is to improve farmers’ subject status, mainly including building endorsement organization of farmers themselves and improve the quality of farmers, etc.In this paper, the possible innovation lies in:(1) try to define the concept of rural homestead exit and farmers’ land rights and interests. The concept "rural homestead exit" is mainly defined from exiting subject, object, form, purpose to determine the research extent of rural homestead exit in this paper, from the research content, this paper changes past single study object (such as only consider one aspect of farmers’ rights and interests), tries to define contents of farmer’s rights and interests entirely from the hidden rights and interests of our country’s land system, farmers’ rights and interests laying on Urban Construction Land Increase and Rural Residential Land Decrease policy, and rights and interests based on rural homestead function three sides.(2) Build a game model to analyzes the game behavior between the farmers and the local government and explained the economic and insitutional reasons of the farmers rights and interests.(3)from the research methods, this paper changes past single study method (only with theoretical analysis or case analysis) analysis farmers’ rights and interests being damaged. Tries to set up a theoretical framework of farmer’s rights and interests change in the rural homestead exit, using sen (sen) feasibility ability theory, on the basis of5kinds of free tools put forward by sen, build up a set of index system to analysis and estimate rights and interests, take fuzzy mathematics method to do an empirical research about farmers’ rights and interests being damaged in the rural homestead exit.