The Difficulties Faced By The Homestead Use Right Protection And The Countermeasures

Urbanization and industrialization is the only way of building the middle-class family society in China,and it’s also the historical trend of the times today. The supply of land for urbanization and industrialization is a very important issue. June2008,the Ministry of Land and Resources published the Urban and rural construction linked to changes in management approach, which was greatly welcomed by the local government.Many places throughout the country began to split and merge the villages,order to the reduction of rural construction land in exchange for the indicators of urban construction land. However,homestead as the basis of the majority of farmers to settle down,how to effectively protect the interests of farmers,in the case that China’s homestead ownership power was weakened,the rural collective economic organizations and the public power sector are inequality and at the same time,earnings power of homestead use right can not highlight itselfjs thought-provoking. After the Property Law was published,the earnings power of homestead use right was cleared,but there is no supporting regulations,which made the earnings power of the homestead use right as the usufructuary can not be the biggest highlight.In this paper,by the issues arising from the implementation of the rural communi-Ties in Zhu city,Shandong,we deeply analysis the difficulties the homestead use right faced today,and the actual situation and the resulting rise of farmers’ interests can not be protected. Collective land ownership are fuzzy in the legislative.Farmers’relation-ship with the collective organization is not clear,these practical problems should be solved. Finally,we discussed the legislative perfection of homestead use right and collective ownership of land,including the transfer of homestead use right,the definitude of collective land ownership and so on. Ultimately we want to protect the homestead right to use, and safeguard farmers’ interests. This article is divided into three parts,the first part is an overview of the specific issues,it focus on the farmers’attitude of rural community-based,the compensation for farmers,the inconvenience faced by the production and living after the farmers going upstairs,and the c oncerns of the farmers due to lack of social security. The second part introduces the concept and the feature of the homestead and the homestead use right,and analisis the difficulties the homestead use right protection faced by. The third part presents the relevant countermeasures for the protection of homestead use right.