Research On The Protection Of Farmers’ Rights And Interests In Withdrawing Rural Homestead

Rural homestead is not only an important part of rural land,but also the most important protection of farmers’ rights and interests.Nowadays,with the acceleration of urbanization process,urban land has been unable to meet the needs of economic development,traffic congestion,serious pollution,construction land shortage so many cities are facing severe challenges.As a result,some cities are turning their targets to rural areas.The influx of migrant workers into the city caused a large number of rural homestead idle,coupled with "a multi-house" waste of resources makes it with the shortage of construction land conflicts are increasingly prominent.As a result,many areas began to homestead to quit work.Under the auspices of the government,the peasants withdraw from the homestead and obtain corresponding compensation.However,in practice,because of the fact that China does not make specific provisions on the withdrawal of rural homestead at the national level,the lack of expression of the interests of peasants ’interests demands,coupled with the squeezing of the interests of some speculators,so that the peasants’ rights and interests are repeatedly damaged in the work of returning home.Comparison of some rural homestead exit the work of the pilot is not difficult to find,homestead property rights are not clear,government information is opaque,unreasonable demolition compensation standards and other issues have seriously damaged the rights and interests of farmers.Therefore,the establishment of a relatively perfect rural homestead exit mechanism,at the legal level to protect the rights and interests of farmers should also be the focus of future work.This paper comprehensively examines the background of the implementation of rural homestead exit work,on the basis of this analysis of the work of returning home.Through the comparative analysis of the pilot areas,summed up the successful experience,for the work of returning home to put forward reasonable routes and recommendations in order to build a complete rural homestead exit mechanism,so as to protect the rights and interests of farmers at the institutional level.In addition,we should also analyze the issue of rural homestead exit at the legal level,protect the rights and interests of farmers as the focus of the work of returning home,improve the relevant laws,so that the road of farmers’ rights.This paper mainly includes the following research contents:The first part is the introduction,which elaborates the policy background,literature review,method and train of thought of this article,which plays an important foundation role for the smooth development of this article;the second part is the rural homestead exit Theoretical exposition and attribute analysis.In this part,the concept of rural homestead,rural homestead exit and farmers’ rights and interests were studied,and the main body,object and legal relationship included in the rural homestead were analyzed.The third part elaborates the present situation of farmers’ rights and interests in the exit of rural homestead.Through the analysis of the exit pattern of homestead in Tianjin,Zhejiang and Chengdu,it reveals the actual operation of rural homestead exit in social reality and the realization of farmers’ rights and interests.The fourth part analyzes the challenge of guaranteeing the rights and interests of farmers in the exit of rural homestead,and analyzes them from legislation,government behavior,farmers themselves and social security level,so as to protect the legitimate rights and interests of farmers from various aspects.The fifth part is the suggestion of guaranteeing the rights and interests of peasants in the exit of rural homestead.From the aspects of many aspects,it provides a reference for the withdrawal of rural homestead in China.In summary,this article from the rural homestead to withdraw from the connotation,status quo,practical significance and other angles,compared to the pilot areas of the work of returning home to study the status of farmers’ rights and interests.Combined with the results of theoretical research,to find the root causes of violations of farmers’ rights and interests.Put forward targeted solutions to alleviate the contradiction between economic development and construction land shortage,reduce the conflict between government and farmers,so as to protect the legitimate rights and interests of farmers.