| Local government practises the policies of replacement of homestead in the course of urbanization.the main purpose of which is to provide land for urban development and construction or land indicators. Especially in2004, the most stringent system of farmland protection was adopted by central government, and Indicators of land expropriation were restricted and supervised by central government. So, various regions government had to turning their attention to local collective constructional land. In order to save constructional land Indicators for alleviating difficulties about the land indicators of urban development, they take series of measures to use intensively collective constructional land, such as replacement, arrangement, and so on. However, because actual Homestead system was prescribed in general terms, and the problem of property right and adscription were vague extremely all the while. So, to promote the shift of rural area and urbanization, there are lots of problems, which is not only in system, but also in practice. This article pays mostly attention to the right of housing and livelihood, and studies these problems based on surveying.Keywords:homestead exchange; social security; right of housing guarantee; right to life guarantee.This article borders a definition of the replacement of homestead. By contrast with Anhui province practice, the author thinks that Shanghai combines with some measures, the contracted management right of agrarian is replaced by social security of town, identity transform from farmer to townspeople, with intensive utilization homestead and compensate farmer with corresponding housing; But Anhui province practice focuses on intensive use land and make land arrangement, the saving indicators of land will be transferred to cities and towns, there aren’t almost use of agricultural land contractual management rights to replace the urban social security, and identity transformation did not happen.While there are different standards and ways of implementation, but there are no substantive change on the concept of develop or operate urban, which relying on the "land targets" and "land income" behind the difference, especially in the context of indicators of cultivated field are gradually control strictly by central government, while local authorities have to find for land indicators of urban development from farmland to collective constructional land in rural areas But in this process, the land rights of rural areas and farmers, become the victims of urban development in a sense. Security of housing and the survival protection of rural society gradually come out toa derivative of urbanization, and those problems gradually test our Party and the State’s ability to govern."Right to life" involved in peasant after replacement of homestead as the center. In the process of homestead replacement, governments of districts and counties volunteerly implement "land exchange small urban social security",I think that this policy and practice seems to maintain farmers survival, but there is suspicion on land rights and farmers survival which are deprived by a disguised form in essence. This is because "land exchange small urban social security" still has many limitations in the legal aspects, especially in the traditional land compensation, the model of "land exchange small urban social security", which extended to through the "land transfer by small urban social security". Through " land transfer by small urban social security ", urban planning scheme area the savings indicators to achieve transferring, however, those land which by "land exchange small urban social security" should be imposed in urban planning area,, because those land have been by the form which" land transfer by small urban social security". So, we can find there is such a paradox that in the legal level through the "land contracted management rights" replaced by "small urban social security", the local government through measures of land acquisition turns land by "land transfer by small urban social security" into a state-owned constructional land but in the practical level. I believe that it is a practice which local government better controls the collective constructional land with "land contracted management rights" replace"small urban social security", have to implement law and policy which require to give landless peasants social security in law and policy level in essence. In this sense, in the process of homestead replacement,"land transfer by small urban social security "is the traditional land system which continues to run in the new historical conditions, but compared with the traditional practices, this continuation of the way and level of land compensation have been improved greatly. However, the ideas by depriving farmers of land rights and land value-added benefits has no real sense ofchange, there is no effective measure to implement the central policies which require.But " land transfer by small urban social security’" in various districts, towns in the context of severe stress on insurance money, and the new "Social Insurance Law" in2009is issued, which established the new agricultural insurance system. It is the main content on the implementation of the "individual contributions and collective benefits, government subsidies". These systems continuously shock to the practice of "land transfer by small urban social security". According to practice, I believe, in order to better safeguard the land rights of survival about farmers involved in land, the law should be gradually transformed in the practice of "land exchange small urban social security" based on clear "land contract and management rights" for" small urban social security".Farmers should also be entitled to land ownership, the right of access to land management, land acquisition for the right to participate and enjoy the land revenue and land rights; after "land exchange small urban social security", the farmers involved in land should also be entitled to the right of land development; local government should bear the responsibility to protect the right of farmers survival, after the practice of "land exchange small urban social security"... |
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