Study On The Replacement Compensation Of Homestead In Urbanization

With the development of China urbanization, many local governments have implemented homestead replacement policy which in order to adapt to the development of urbanization. Homestead replacement involves the fundamental interests of farmers. The rights of farmers were violated frequently in homestead replacement. The compensation of homestead replacement at this stage in China was studied from the perspective of protecting the legitimate rights of landless farmers.The research in this paper can give some help to perfect homestead replacement compensation legal system.The development trends and problems of China urbanization were analyzed from urbanization, homestead system, homestead replacement system. The development process of China homestead replacement system was analyzed and made a brief summary. The essence of law and practical significance of homestead replacement system were researched. The compensation of homestead replacement was core issue in this paper. The law nature and compensation model of homestead replacement compensation were analyzed. The problems of adjective law and substantial law were studied. At last, the problem of homestead replacement compensation in China urbanization was analyzed from substantial law and adjective law though study the law of America and Japan. Because of lacking of unified law in homestead replacement compensation at this stage and local government using law which legislated by themselves, the justice was suspected in substantial law. In adjective law, illegal phenomenon is normal in the process of homestead replacement compensation because of lacking of unified substantial law. Lacking of public participation and notification process and hearing process were worse. In the compensation of homestead replacement, the right of farmers could not protect effectively which is the important thing on people’s livelihood and stable of society. Because of all of these, legislating unified law of homestead replacement compensation allows no delay. This is not only good at protecting the right of farmer,but also can improve the system of law and promote the development of society with rule of law.