Farmers' Rights Guarantee In Rural Homestead Replacement

With urbanization, urban and rural comprehensive reform, the problem of agriculture, rural areas and farmers become more and more outstanding, this is the country’s stability to the harmonious and long-term development of major issues. Agriculture, rural areas and farmers is the core issue of farmers, and the land is farmer’s shelter, the life for the rural homestead is shelter. On the one hand, to solve the urban and rural plan as a whole in the process of the construction of urban land resources supply and demand tension and extensive use of house-site in the countryside reality, overall balance principle of rigid adherence to protect arable land, on the other hand, produce and homestead exchange project encouraged by the central government and local government. But in homestead replacement process, often farmers’ basic rights can not get protection, replacement after the farmer’s basic life safeguard and so on employment, health care, pension problems, due to set up a perfect replacement program and in the process of farmers’ rights security system is the substitution of house-site in the countryside is and must be solved urgently important problem. This article will focus on the rural housing land displacement in the process of farmers’ rights protection is discussed and the research. Firstly, elaborated the countryside homestead replacement face legal problems such as the basis of farmers rights which enjoys to the homestead law basis and the limits. Secondly, combined with the existing related legal systems of our country and the displacement of the practice of local government, analysis of China’s rural homestead replacement status quo and the reasons of protecting farmers’ rights in the process, each place different displacement modes hurt farmers’ rights is different, at the same time more about farmers’ rights protection laws and regulations as the principle regulation, lack of effective security system. Again, after the cause analysis, sums up the replacement process should enjoy the rights of farmers, such as right to know, to choose, residential property confirmed after displacement and farmers’ social security and other collateral rights. In terms of right to know, farmers not only basic information such as the compensation standard of land replacement, we also should enjoy the displacement of the structure of the property rights of property, the quality and the surrounding environment such as planning, save out of the land’s use, rear sexual rights, such as the income of people. Finally, on the farmer’s rights in the process of homestead replacement, through draw lessons from foreign mature experience and the actual situation, puts forward safeguard farmers to enjoy these rights system.