Research On The Protection Of The Farmers' Rights And Interests In The China's Rural Homestead Replacement

With the rapid development of social economy, urbanization has made great progress, in order to solve the urban construction land and improve people's livelihood, improve land use efficiency, the local government has carried out the homestead replacement. Because of China's strict farmland protection system, 18 million insurmountable red line, the use of the land by the state the strict supervision. At the same time in order to solve the urban development and construction problems, in the urban and rural construction linked to changes in the policy guidance, local governments hope that through the whole management of rural land, especially land for urban construction with the index. However, in the course of the implementation of homestead replacement, the focus of the replacement for urban construction land and urban development, and the implementation of the time is not long, there is no national uniform standards, rural collective land, including housing and property rights and ownership of the issue has been blurred, there are many problems in the implementation process. The replacement of the farmers' rights and interests is a prominent problem in this problem. This article will discuss the reasons and problems of the farmers' rights and interests protection from the perspective of homestead replacement, and put forward the corresponding countermeasures. In order to provide a reference for the protection of farmers in the homestead replacement, can reduce the resistance encountered in the implementation of the homestead replacement policy.First, this paper defines the concept of the protection of the rights and interests of the farmers in the replacement of the homestead and the replacement of the homestead. On this basis, the farmers in the homestead replacement in a type, clear the scope of the replacement farmers enjoy the rights and interests of farmers, to provide a relatively clear range of benefits. Then analyze the characteristics of the replacement of the farmers' rights and interests, and do some groundwork for the reasons and problems. And on the basis of the analysis of the necessity of the protection of farmers' rights and interests in the homestead replacement, the significance of the whole thesis is explained.In the second part of this paper, the status of the farmers' rights and interests protection is analyzed. This part has two parts, the first part is a comprehensive introduction to the current legislation of the protection of farmers' rights and interestsin the replacement of residential land in China. Focus especially on the problem of farmers' rights and interests protection in the second part of our country's homestead replacement, combined with the type of farmers' rights and interests and the current laws and regulations and local policies in our country summed up the replacement of the four aspects of the problem. Then in the third part, the paper mainly expounds the causes of the problems of the farmers' rights and interests protection in the replacement of residential houses. Combined with the problems of farmers' rights and interests in the replacement of residential houses and the current law, the paper puts forward four aspects, such as imperfect system design imperfect, the administrative act is not standard, relief way, farmers lack of rights awareness, etc..The most important part of this paper is the fourth part proposed to solve the replacement of homestead farmers' rights and interests protection system countermeasure. As the application of thematic papers is to through all aspects of the analysis is based on the concept, the necessity, current situation and problems of the reasons, according to the analysis of the reasons and puts forward some countermeasures for solving strategies for the protection of rights and interests of farmers in the homestead replacement provides surly. This research is the value of this thesis lies. This paper summarizes the problems and the reasons for the improvement of the relevant laws and regulations, regulate the government behavior, the construction of farmers' participation mechanism and the construction of cooperative security mechanism and other solutions, in order to provide a useful reference for farmers' rights and interests, which also realized the value of this paper.