Legal Protection For Homestead Farmers Settled Into The City Paid Exit

Land is the fundamental resource about the rural residents’ survival interest. The homestead, which can be used to construct housekeeping out wind and rain, is the most basic land. The homestead is of great significance to rural residents for its function of social security and asset. However, as the development of economic and urbanization, there is an enormous amount of idle homestead in countryside because of the rural labor to urban immigration, but the development of urbanization provides new demand to the limited land resources. Therefore, it is necessary to readjust the use of land resources based on the new situation of social development. Combined with the current urbanization trend, more and more farmers become urban residents, and the left homestead can just make up the gap of urbanization land. Thus, The Department of State confirms the win-win pattern of "homestead exist with paying" in its normative documents, homestead exist with paying of farmers settled into the city is a new flow of land resource model, which creates many issues worth discussing. This dissertation starts with the protection of rural residents’ rights, and studies the related legal security system of the homestead exist with paying of farmers settled into the city.Besides the introduction and summary, this dissertation can be divided into the following four parts:The first part is about the theory and reality of homestead exist with paying of farmers settled into the city. It comes forward the necessity of the current homestead system reform, and then combined it with the real problems of the realization of land property rights of farmers settled into the city under the circumstance of new pattern urbanization development and registration system reform, and on this basis argues the realistic significance of homestead exist with paying of farmers settled into the city.The second part is about the current rules and local experience. Because the current rules about homestead exist is a great amount of normative documents, it is very hard to sort through all the rules. This dissertation teases apart pieces of the typical rules from the homestead exist’s applicable object, exist process, exist compensation and its regulation and relief system, then compares these rules’ differences and similarities, and find its problems. In addition, this part also choose three typical areas of homestead exist with paying:Tianjin, Chongqing, and Zhejiang, and summarizes experience of these four area’s application practice in order to provide supports for later parts of this dissertation.The third part is about the dilemma and its reason of homestead exist with paying of farmers settled into the city. On one hand, it generalizes four problems of homestead exist from the earlier discussion, namely the different criteria of applicable object, the administrative trend of homestead exist process, the irrationality of homestead exist paying, and the unfulfillment of homestead exist regulation and relief. On the other hand, it summarizes three reasons which brings up these problems, including:the insufficient concept of homestead exist system assurance, the lack of high-order legislative documents and the difficulties coming from regional differences.The fourth part is about the legal protection of homestead exist with paying of farmers settled into the city.After discussing the systems, norms, practice, existing problems and reasons, this part elaborates how to provides legal protection to the homestead exist with paying of farmers settled into the city from the following aspects:remolding the concepts of the legal protection of homestead exist, exploring its rules’ legalization, considering its context of the system criterion, and carrying out its specific legislative protection design. The specific system design about homestead exist with paying including:the setting of its condition, the improvement of its context, the setting of its compensation standard, the setting of farmers participation, and its regulation, relief and other supporting measures.