Protection Of Rights And Interests Of Landless Peasants In China 's Homestead Replacement

Homestead replacement are important in the process of urbanization,industrialization of land replacement model, is the most effective one of themeasures to solve construction land and the cultivated land. Especially in2004, thecentral government released the most strict land management, and the cultivatedland balance system, urban construction land index by the strict limit, to establishedrelationship with house-site in the countryside, the urban and rural construction landincrease or decrease in peg. However because of homestead replacement relatedsystem is not perfect enough, some speculators to profit from a large number ofinterests, the local government in the replacement did not have the effect of aservice-oriented government, it is served for the interest groups who Compete withthe people greatly against the spirit of fairness and justice value, seriously damagethe legitimate rights and interests of farmers, the rural homestead replacement in acertain extent lost its positive effect, the central government wants to use house sitesreplacement good wishes to the construction of rural social transformation andurbanization and suffered a big blow.In building a harmonious society under the background of the countries ofsocialism with Chinese characteristics, the development of democracy and the rule oflaw is the social main goal, it requires that each kind of system should be implantedexcellent genes democratic rule of law, so as to achieve the harmonious society ofdemocracy, rule of law. Therefore, this paper is based on democracy and the rule oflaw as the starting point and the foothold, and by introducing the theory of socialcontract theory knowledge to build a service-oriented government, through theconcept of fairness and justice to set up at the same time, make good genes ofdemocracy and the rule of law can implant system of homestead replacement, so asto embody the spirit of democracy and the rule of law, fundamentally the protectionof the rights of the people.This research mainly consists of four parts: the first part of the replacement ofhomestead replacement first appeared in the process of the clarity of the related concepts and basic theory, provide a research platform for the research of below; Inthe second part is mainly analyzing the homestead replacement for land-lost farmersrights and interests of the guarantee of the status quo, as well as the displacementanalysis of existing problems in the research, and then analyses the reasons for thisproblem, the analysis of the causes of the main is the main content of the third part,the fourth part is mainly based on the above discussion for land replacement ofland-lost farmers rights and interests safeguard basic countermeasures andSuggestions, in order to really make the homestead replacement in fully embodiesthe spirit of democracy and the rule of law, so as to achieve the ultimate goal of thepeople.