Research On The Protection Of Land Rights And Interests Of Farmers In The Homestead Replacement

In recent years,with the integration of urban and rural areas and new urbanization,local pilots carry out the reform of the land system of homestead replacement in the guidance of "urban and rural construction land linked".The replacement of homestead is a kind of land intensive utilization,which is try to seek a balance between strict farmland protection system and the local government need to increase indicators of construction. Farmers are the main body of the new rural construction and have the homestead right of use,should get the fullest possible property rights in the process of homestead replacement.However,due to the provisions of the present rural land system is quite general,the farmers’ homestead right of use power not complete,and the dual role of government plays in the replacement, unreasonable exercise of public power has brought serious damage to the land rights of farmers.Therefore, it is necessary to investigate and study the homestead replacement practice,analyzing factors which damage the farmers’ land rights and interests.To analyze and discuss the deeper institutional barriers,and seeking ways to protect the land rights and interests of farmers in the homestead replacement.In this paper, besides preface and conclusion, the content can be divided into the following four parts:The first part, an overview of the land rights of farmers in the homestead replacement. The paper first introduces the background and concept of the homestead replacement,then makes a jurisprudence analysis on the homestead replacement, discusses the legal basis of the homestead replacement and the legal relationship and legal nature of the replacement.Finally,analyses the farmers’ land rights and interests of the homestead replacement.The second part, analyzes the damages of the farmers’ land rights and interests in the homestead replacement.Firstly analyzes the Tianjin city, Shanghai city and Zhejiang city of Jiaxing homestead replacement practices,then summarizes the common problems of the farmers’ land rights and interests existing in the practice.These problems are mainly as follows:part of the local governments to implement the mandatory replacement;the real estate ownership change of the replacement is blur;replacement of unreasonable compensation;farmers’ living security issues after the replacement.The third part,analyzes and discusses the deeper institutional barriers behind the probiems of the farmers’ land rights and interests in the homestead replacement.The present homestead right of use system defects.The legal system of the homestead is constructed under the guidance of the single value of the security,the homestead right of use therefore provides only the possession and use of power and the lack of the most crucial revenue and disposition power.The use right failing in the property right causes damages to the rights and interests of farmers in the background of integration of urban and rural.The government power and weak power of farmers lead to a lack of farmers’ participation right in the replacement.At the same time, the lack of land development right in China to make value-added incomes of farmers severely insufficient. The impact of these have interaction on the land rights and interests of farmers in the homestead replacement.The fourth part,improves the legal system of protection of the rights and interests of farmers in the homestead replacement.First of all,to establish the basic principles of farmers’ land rights and interests protection,including the principle of equality,voluntariness and farmers to participate and tilt protection principles;Secondly, to improve the use right legal system of homestead to protect the land rights of farmers, enrich the rural homestead usufruct content,gradually relaxing homestead circulation range and sounding right registration system.Again,improves the farmers’ participation in the homestead replacement,strengthens farmers’ substantive participation of the replacement and the establishment of democratic consultation mechanism of incomes distribution;Furthermore, the establishment of land development right system,through the establishment of land development rights and land development rights transfer market to the rational allocation of land revenue.Finally through sounding the farmers’ survival and security system after replacement and establishing law relief system to protect the farmers’ land rights and interests to improve the supporting system of the protection of the rights and interests of farmers’ in the homestead replacement...