Study On Protection Of Farmers’ Rights And Interests In Rural Residential Land Exit

As the speed of urbanization becomes more and more fast, it has caused a big problem that, on the one hand, there is a great shortage of urban construction land, on the other hand, the use efficiency of rural residential land is very low. Thus, rural residential land exit has become an important means to solute shortage of urban construction land, and raise the efficiency of rural residential land use. Rural residential land exit has been used in many areas, and there are many types, such as government-oriented, market-based, et al. There are many problems existing in rural residential land exit, such as low compensation standard, violation of farmers’ inclination, which caused rights and interests of farmers being weakened. The 3rd plenary session of 17 th CPC Central Committee, 3rd and 4th plenary session of 18 th CPC Central Committee, and several years’ Document NO. 1 of the Central Government have indicated to guarantee farmers’ rights and interests. It discusses how to guarantee farmers’ rights and interests in government-oriented rural residential land exit which is the most common in this paper, from the perspective of law and management science. Firstly, it defines contents of farmers’ rights and interests in this thesis. Then, according to analysis data of questionnaire investigation, we can know situation of weakening of farmers’ rights and interests in rural residential land exit. Thirdly, it analyses reasons why farmers’ rights and interests were weakened. Lastly, it raises policy suggestions to guarantee farmers’ rights and interests in rural residential land exit on the basis of summarizing experience of foreign areas.The thesis composes of four parts.(1) It points out that there are four rights attached to rural residential land, consisting of rural residential land use right, house ownership, easement, and right of existence. Then, it points out farmers’ rights and interests compose of economical, social and political rights and interests. At last, it discusses the legal premise of implementation of farmers’ rights and interests.(2) We conducted a questionnaire investigation in Ezhou, Wuhan, and Xiantao to learn the situation of implementation of farmers’ rights and interests in rural residential land exit, finding that farmers’ rights and interests were weakened. The main problem existing are that compensation standard is very low, there is no extra residential land for offspring, it has a big increase of living cost, it has no social security and employment opportunity for farmers, and farmers didn’t participate in rural residential land exit.(3) It analyses reasons why farmers’ rights and interests were weakened, which are law absence, unidentified rights, distortion of local government policies, lack of farmer right protection activities.(4) It raises policy suggestions to guarantee farmers’ rights and interests in residential land exit, which consist of strengthening law enforcement, defining property right, standardizing government behavior, enhancement of farmers’ status, and construction of a scientific residential land exit mechanism, on the basis of summarizing experience of Chinese Taiwan, Japan, and Germany.