Research On Withdrawal Mechanism Of Rural Homestead From The Perspective Of Protection Of Farmers’ Rights And Interests

On December 29,2018,China adopted a decision on amending the rural land contract law,confirming the implementation of the "separation of three powers"system in rural land at the legal level.Thus effectively protect the legitimate rights and interests of farmers and promote the development of modern agriculture.Land expropriation,collective construction land entering the market and homestead system reform("three plots of land "in rural areas)are the classified implementation approaches for the state to implement the policy of "separation of three powers ".Based on the background of the reform of homestead system,the perspective of this paper is to explore issues related to the protection of farmers’ rights and interests in the process of homestead withdrawal.Aiming at the concept of "rural homestead withdrawal",makes a theoretical research on the existing problems of protecting farmers’ rights and interests was maked by this paper.Firstly,through literature review,the rights and interests of farmers in quitting homestead twas scientifically defined by this paper,points out the relevant rights and interests of farmers in using homestead.Secondly,land farmers rights and interests of jinzhai county,anhui province exit status,found that farmers’rights and interests in the process of homestead exit by different levels of the infringement,such as part of the farmers is by government officials,and village cadres for three transgressions of five times to persuade agreed to quit,and such as part of the independent income of farmers’ land exit cut as well as the cost of living has improved after exit;Thirdly,the damage to the rights and interests of rural residents caused by the withdrawal of rural homestead is analyzed from both internal and external reasons,including the urgent need to improve the relevant laws on the withdrawal of rural homestead,the distortion of the government’s behavior and the insufficient ability of farmers to protect their rights.Finally,using the standard analysis method to analyze farmers’ rights and interests of the damaged reasons,and based on this,advances the exit the farmer rights and interests safeguard mechanism building,mainly from the implementation of the safeguard mechanism and safeguard mechanism in the form of two aspects,put forward the reform of land system in our country exit path,which hopes to be able to work for our future land reform exit problem of farmers’ rights and interests safeguard to provide some useful theoretical reference.