Research On The Farmers' Rights And Interests Guarantee In The Paid-out Of Homestead

Due to the acceleration of urbanization in China,at the same time,a large number of surplus labor force has emerged in rural areas.During this part of the labor force's shift from rural to urban areas,there has been a large amount of idleness in rural homesteads.This is in stark contrast to this.The housing needs of urban residents are getting bigger and they are becoming less and less satisfied.The homestead in rural areas has not been able to play a very good role in the protection of farmers' housing.Therefore,it is urgent to introduce a homestead paid exit system.However,further studies are needed on how to construct,implement,and guarantee the homestead paid exit system so that the rural homestead can not only fulfill the guarantee function of the homestead,but also satisfy the current needs of residents for housing,that is,ease the current urban construction land.The tense situation is an issue that must be paid attention to in social development.To this end,the country has selected a number of pilot areas to work hard to explore the feasible mode and route of homestead exit,and strive to form a homestead paid exit model with Chinese characteristics,which will provide useful reference for the theory and practice of homestead paid exit system.However,in the integration of China's existing homestead legal system,there is no clear and complete normative provision.Both the Property Law and the Land Management Law do not make a complete and clear definition of homestead exit,so they are paid for the homestead.The legal construction of the exit system is not complete,and it lacks the legal protection of property rights as a homestead.The current research on theory and practice has provided operability for the paid exit system of homesteads.However,the existing pilots are highly controversial in the theoretical community and lack the effective support of the law.Therefore,whether it is from the theoretical research or the practice,it is possible to summarize the feasibility of the implementation of the homestead paid exit system.However,all of them lack the relevant legal systems to protect the homestead paid exit system.In the practice of homestead exit,there are widespread problems such as low compensation standards and peasants' willingness not to be respected.Farmers' rights and interests are seriously damaged.The 19 th National Party Congress and the Central Document No.1 for many years stressed the need to protect the rights and interests of farmers and put farmers' rights and interests on the top priority.From the perspective of jurisprudence,this article studies the protection of farmers' rights and interests in the government-dominated,the most common form of homestead exit.The article first made a scientific definition of the relevant concepts in the exit of homestead,and on the basis of summarizing the specific conditions in the pilot areas in practice,we learned what kind of state of farmers' rights and interests are in practice and the problems that arise in reality,and the causes of the damage to farmers' rights and interests.Summarizing and summarizing and proposing policies and proposals for safeguarding the rights and interests of farmers,this will provide a reference for the government to implement the reform of homestead exit mechanism.The main contents and conclusions of this article are divided into the following seven parts:(1)After extensive reading of the literature to sort out the summary and to conduct in-depth research on relevant domestic laws and regulations on homestead,the paper concludes and summarizes the background of paid exit from homesteads in China,summarizes the research significance of this study,and in addition to the research adopted in this paper.Methods are described.(2)Through the definition of related theories and concepts,the research object of this article is clearly and clearly defined,and the theoretical basis supported by this article is summarized and summarized.(3)The third part is to analyze the status of farmer rights and interests protection in the current exit of homestead,and through the comparative analysis of the development of three typical areas,the author finds out the specific problems in the protection of farmer rights and interests in the exit of homestead.(4)The fourth part analyzes and summarizes the causes of the problems,so as to make full preparation for the next step to propose legal countermeasures.(5)The fifth part is through the four aspects that have the greatest impact on farmers' rights and interests: the procedure for homestead paid-out exit,the willingness to withdraw from the use of homestead land,the compensation standard for homestead paid-back,and the income from land use after homestead exits.Allocation proposes related countermeasures.(6)The sixth part of the conclusion is a summary of the full text.