On The Homestead Rights Of Wards In The Legal Protection Of Farmers

Homestead and house exchange which begins after the pilot of collective construction land use right transfer throughout the country flows the homestead transfer and Town construction . It improvs the land use and the lives of farmers, promotes the urban-rural integration. Today,The development of the land has increasingly become the "bottleneck", no doubt that Homestead and house exchange is a new idea to break the structure of urban-rural dual system of land. So we should rationally analysis it when we are highly praised for it.Homestead and house exchange affects farms greatly because the farmers will lose their ancestral homestead, leaving the countryside move to urban living. In the past, low-cost rural way of life will be replaced the city's property costs, utilities and other high-cost lifestyle.If the distribution of benefits is unreasonable, the town's social security system is behind, the living standards of farmers into the city will inevitably decline. Therefore, the maximum resistance of the homestead and house exchange comes from farmers.We must fully protect the interests of farmers for the Homestead and house exchange be conducted smoothly. In the whole process of the Homestead and house exchange, we must regulate the government acts, follow the principle of voluntary, publicity and participation to ensure the farmers the right to speak. The relevant farmers have the right to apply for administrative reconsideration or bring an administrative lawsuit to the violations of government. In addition, the value of homestead use right should be reasonablly assessed and put into the replacement approach, and the value of the house should be care. To ensure that farmers of the land development rights, against the government denied unrestricted land revenue, we introduce the land trust.This article includes five parts:The first part is the Introduction. This section describes the meaning of the homestead and house exchange and the importance of peasent's rights protection.This part comb on the collective construction land use right transfer and the homestead and house exchange on the domestic. This part also defines the methods and the scope of this study.The second part is the legal interpretation of Homestead and house exchange. This section discusses the policy basis and the meaning of the Homestead and house exchange. Through the analysis of homestead existed in a variety of legal relations reveal the nature of Homestead and house exchange, and analysis the significance of Homestead and house exchange.The third part is the negative impact on farmers in the Homestead and house exchange. This part analysis the impact on farmers from the Replacement Approch, the housing assessment system, the distribution of land income and the security of the pearents which establishs the legal protection of pearents'rights below.The fourth part is the legal protection of pearents in the Homestead and house exchange. The part analysises the legal protection of pearents from government action tegulation, the system design and the collective construction land use right transfer which proposed the establishment of land trusts to ensure that land value increment attributable to farmers.The fifth part is the conclusion. This part introducts the Land Trust combineing the "turn right to profit sharing" and "protect the right to profit sharing"to further improve the Homestead and house exchange.