Research On The Protection Of Farmers' Rights And Interests In The Reform Of Compensated Use Of Homestead

The current system of unpaid use of homesteads is an institutional source of problems such as over-occupation of.rural housing sites,multi-family housing and hollow villages.In order to solve the above problems,in 2015,the state proposed a closed pilot operation of"three land" reforms.One of the ways to reform the housing estate system is to explore the system of paid use of homesteads.At present,the paid use of homesteads is no longer limited to simply collecting paid usage fees,but also exploring the market-based configuration of homestead resources.However,while the paid use of the pilot areas has achieved remarkable results,the phenomenon of violation of farmers'rights and interests has also occurred frequently.Among them,the loss of the right to use of certain class members is deprived,the interests of legal homesteads are invaded,and the issue of collective decision-making power and collective income distribution rights is particularly acute.Therefore,it is of great practical significance to study the causes and countermeasures of farmers'rights and interests by studying the practice mode of pilot reform areas.Studies have shown that only by perfecting the legislation related to the membership of collective economic organizations and clarifying the criteria for the acquisition,elimination and loss of collective membership,can the right to use the homestead of a particular class member be protected.In order to better evaluate the value of the homestead,the land management department of the local people's government at or above the county level shall prepare the benchmark land price of the local homestead and establish a value assessment system for the local homestead.It is necessary to scientifically use the democratic procedure to clarify the way in which collective decision-making power and relief are not legally determined.It is necessary to pass all the research through the paid use and benefit distribution plan of the house site,and strictly protect the interests of the house land obtained by the farmers under legal conditions.The paid use fee shall be owned by the village collective,and shall be distributed to the collective members on the premise of retaining the construction funds in the village,following the principle of "take it from the village and use it in the village".As for the question of whether local governments can participate in the sharing,they should be referred to the state after the completion of the pilot.