Protection Of Farmers' Rights And Interests In The Pilot Project Of The Right To Use Homestead

With the development of economy, the pattern of urban-rural interest has been changing.To meet the demands in developing urban and break through the bottleneck that countryside homestead is just growing but not cutting, the circulated pilots for the right of applying residence land have been made across the country.As an exploring land form, its outside-occurring feature and innate impulse for land resources have determined that it would be easier to violate Farmers’ rights in the process, which causes transferring interest incline to city, not country. As a result, possible social risks should be not ignored.From perspective interests, this paper use various research methods, such as documentary searches, comparison, and so on, to summarize thre exiting probrlems in pilots, then makes some recommendations. Further, it is necessary to be fully aware that to balance the interests between government, collective and farmers is deeply realated to the sucacess of reaform. Moareover, the core problems are focuson how to enhance farmers’ participation enthusiasm, so that they cangain more interests.This paper has four chapters.Chapter one is about introduction of the circulated pilots for the right of applying residence land.This chapter mainly describes legislative status of the circulated pilots for the right of applying residence landand some related views. First, combthe regulation about related laws in logic order like from public laws to privatelaws, commonlaws to special laws, then summary the recent legislative status of the circulated pilots for the right of applying residence land. Second, describe three popular views, including Circulation Theory, Central Theory, Forbidden Circulation Theory.Chapter two.Empirical analysis aboutthe circulated pilots for the right of applying residence land. This chapter includes two points. First, point out the present status of the invisibility circulation for the right of applying residence landr, than analyze the exisating problrems. Than, barsed on the situation, many cities have begun to explore the circulated pilots for the right of applying residence land. This paper mainly selects three cities, like Tianjin, Chongqing, Shenzhen, Jixian,as samples.Chapter three, the existing problems about protecting farmers’ rights and interest lied in circulated pilots of the right of applying residence land. This chapter mainly discusses four questions, including insufficient expression of farmers’ will, unbalanced income distribution, unreasonable pilot operation, and the lack of social security.Chapter four,legislated recommendations about how to protect farmers’ rights and interests. This chapter mainly offer four suggeastions. First, estabelish the idear of ruler of law and reaspect the rirghts of farmaers. Second, perfect the procedure of pilots and protect the rirghts. Third, protect the relieaf for rirghts and resolve disputes in a variety of wayse. Four, improve socieal seacurity.