Study On The Protection Of Farmers' Rights And Interests In The Paid Withdrawal Of Rural Homestead

With the rapid development of China's economy,the farmers who used to live on land gradually transferred to the cities and towns,and their income increased accordingly.This part of the rural population gradually settled in the cities,resulting in a large number of idle and wasteful homesteads in the countryside.At the same time,with the rapid development of cities and towns,more and more people flock into cities and towns,increasing the demand for construction land in cities and towns.However,the existing construction land can no longer meet the demand for urban development,which requires increasing land supply.The reform of homestead system,especially the promotion of homestead withdrawal,is imperative.Because homestead is the most basic means of production and living for farmers,it not only has the function of property,but also has the function of life security.This nature also determines that farmers' rights and interests are vulnerable to damage after the paid withdrawal of homestead.Looking up the property law and the land management law,we can find that most of the legal provisions on the homestead are general provisions,lack of specific and detailed provisions on its withdrawal process,and the operability is weak.In addition,the weak awareness of farmers' rights will easily lead to the loss of farmers' rights and interests in practice,and then affect social harmony and stability.Therefore,this paper studies the current situation of farmers' rights and interests protection in three typical areas during the paid withdrawal of homestead,finds out the existing problems,and puts forward the corresponding solutions,hoping to provide a reference for the implementation of this policy in the whole country.Based on the study of three typical cases,this paper finds that: at present,the implementation of paid withdrawal of housing base from the pilot area has achieved great results: on the one hand,it has effectively realized the intensive use of land,on the other hand,it has also better improved the living conditions of farmers.But at the same time,in the process of paid withdrawal of homestead,the rights and interests of farmers are also damaged,which is mainly reflected in the fact that the participation right of farmers can not be fully realized in the paid withdrawal of homestead,the situation of social security is worrying,and there are few channels for safeguarding rights.In view of these problems,in the future work,other areas can improve by clarifying the main body and power of homestead property rights,introducing the land development right system,guiding farmers to actively participate in the management of paid withdrawal of homestead,so as to effectively protect the rights and interests of farmers in the compensated withdrawal of homestead.