On The Legal Protection Of Peasants’ Rights And Interests In The "Exchange Homestead For Resettlement Housing"

With the acceleration of urbanization of China, the patterns of urban and rural interests have changed. To meet the demand for land and funds for urban development and break through inherent bottlenecks of rural homesteads, various regions developed ones have launched a top-down, government-led exchange homestead for apartment campaign. Exchange homestead for apartment refers to the practice that farmers exchange their rights to the use of homestead and ground attachments for the resettlement housing constructed by the government in small towns, with the original homestead reverted to collective reclamation and the surplus land use right in circulation. As an exploration of the land reform, its external characteristics and the impulse of congenital interests of land resources determine that interests of farmers may be violated in the implementation process, so that the land transfer benefits will go to cities rather than rural areas and farmers, which might bring about social risks that cannot be ignored. From the perspective of "protecting the rights and interests of farmers", the essay employs literature research, comparative studies, empirical analysis, offering a number of suggestions for the existing problems in the exchange homestead for apartment campaign, and pointing out that the key to the success of the campaign lies in balancing the interests of the government, the collective and farmers. Among them, to mobilize the enthusiasm of peasants and protect their life afterward is the core problem.The essay is divided into four parts:First part:the connotation and the theoretical foundation of exchange homestead for resettlement housing. Starting from the institution of the right to use the homestead, the author introduces the connotation and the operation procedures of the exchange homestead for resettlement housing. By analyzing the theoretical basis, the essay reviews central and local relevant laws and regulations so as to deepen the understanding of exchange homestead for resettlement housing.Second part:the practice and analysis of the exchange homestead for resettlement housing from the perspective of science of law. This part explores the realistic and strategic background of the reform, selectively analyzing the practice of Tianjin "Huaming County" mode, together with some explorative models exercised in cities such as Jiaxing, Chengdu, Beijing. Through the analysis of the civil, administrative, economic and legal relations involved in the experimental mode, based on the change in land ownership, the assay defines the essence the reform as a reorganization of the internal use and a new collection of collective lands.Third part:the protection of farmers’ rights and interests in the reform. This part states problems such as farmer’ will is not embodied sufficiently; the exchange approaches are not rational enough; incremental benefits are not distributed evenly; social insurance is not sound, hence reaching the realization that disadvantaged groups’ voice is not fully heard, and the protection of farmers’interests and rights needs to be improved.Forth part:suggestions on how to protect farmers’ interests and rights during the exchange homestead for resettlement housing. Based on the problems mentioned above, this part offers suggestions. First is to enhance farms’ participation in the exchange. In accordance with the civil subjects’ equality, farmers have the right to make the final decision on how to exchange their homestead. Second is to increase the validity of measures to exchange homestead and adjust compensatory approaches. Third is to establish a institution to distribute incremental benefits and make it possible for the government, the collectivity and farmers to discuss about the interests. Forth is to intensify the social insurance of the homestead exchange for farmers and progressively implement the content of social insurance. Fifth is to perfect supporting measures of the homestead exchange, make the ownership registration clear and step up regulation on the project. Sixth is to perfect the law framework, revise regulations that are not compatible to the reality, issue specific legislations on the homestead exchange and increase administration staff’s capability to act by law.