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Open AccessArticle
Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts
by
Xuemei Zhou
Xuemei Zhou 1,
Chuanyu Tong
Chuanyu Tong 2,*,
Sifeng Nian
Sifeng Nian 3 and
Jia Yan
Jia Yan 4
1
Postdoctoral Research Station of Theoretical Economics, School of Economics, Anhui University, Hefei 230601, China
2
School of Law, Anhui University, Hefei 230601, China
3
School of Business, Anhui University, Hefei 230601, China
4
School of Urban Design, Wuhan University, Wuhan 430072, China
*
Author to whom correspondence should be addressed.
Land 2024, 13(8), 1180; https://doi.org/10.3390/land13081180 (registering DOI)
Submission received: 25 June 2024
/
Revised: 24 July 2024
/
Accepted: 29 July 2024
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Published: 31 July 2024
Abstract
In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers’ rights and interests, literature exploring the impact of this policy’s implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers’ rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers’ rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable “alternative” social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers’ rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers’ autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers’ social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers’ immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers’ rights and interests through legal recourse.
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MDPI and ACS Style
Zhou, X.; Tong, C.; Nian, S.; Yan, J.
Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts. Land 2024, 13, 1180.
https://doi.org/10.3390/land13081180
AMA Style
Zhou X, Tong C, Nian S, Yan J.
Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts. Land. 2024; 13(8):1180.
https://doi.org/10.3390/land13081180
Chicago/Turabian Style
Zhou, Xuemei, Chuanyu Tong, Sifeng Nian, and Jia Yan.
2024. "Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts" Land 13, no. 8: 1180.
https://doi.org/10.3390/land13081180
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