The Protection Of Villagers’ Rights In China Homestead Replacement

In2012, the fifth meeting of the11th National People’s Congress clearly stated that the use right of homestead is the villagers’property right given by the law, which should be protected; and the use right of homestead should be respected. But in the process of China’s homestead replacement, the villagers’ property right and the use right of homestead were repeatedly violated. The governments in some places even do not regard the will of the villagers, use the violations strengths to carry put the replacement, which leads to some extreme resistance behaviors during the process of replacement. These extreme resistance behaviors have seriously disrupted the villagers’normal life order and the stability of society, and resulted in the negative social impact. The problems of villagers’ interests in the homestead replacement have become the key factors that can critical influence the China’s new rural construction and development of urbanization. Therefore, to study the problems of the protection of the villagers’rights and interests have the important theoretical and practical significance. The recent research taken by the experts and scholars in the academic and theoretical circles is not very mature; most of them just used the views of property rights and legal system to analyze the villagers living costs, social security levels and compensation issues in the replacement process, but there is lack the research about the interests relationships among the various participants, the game behaviors of villagers’ rights and interests. In this research, the author just takes the property rights theory, rational choice theory, consciousness theory and negotiation theory to analyze the interest-relationships among the various participants, and uses the game model to discuss the villagers’motivation and game behaviors. In the following parts, the author just combines the game model with the status of the homestead replacement to do the further explore the problems and causes of the protection of villagers’rights and interests, and puts forwards the targeted countermeasures and suggestions to protect the interests of the villagers.This paper can be divided in to five parts:the first part is the literature reviews about the protection of villagers’rights and interests in the homestead replacement, which includes the theoretical study of contents and types of homestead replacement, and the influences of homestead replacement on the villagers’ interests. The second part is the theoretical analysis of the relationship about the rights and interests in the homestead replacement. According to the theory of property rights, the author just analyzes the relationship about the rights from the aspects ownership and use rights. The author just summarizes the participants into three categories:government, the village collective and the villagers, and analyzes their interest advocates and conflict, which provides the theoretical basis for the analysis of the game behaviors of the villagers’ rights and interests. The third part is the game model analysis of the villagers’ rights and interests in the homestead replacement. On the basic homestead replacement, the author analyzes the motivation of the villagers and game behavior choices according to the rational choice and consciousness theory in the homestead replacement. The fourth part is the analysis of the status quo and problems of the villagers’ interests in the homestead replacement, and the relevant causes. In the fifth part, the author just puts forwards the targeted countermeasures and suggestions.