Jurisprudence On The Protection Of Peasants' Rights In Modern China

The problems of the peasants, the countrysides and the agriculture are the important political and social problems of the modern China during the transformation, and the core of these problems is the developting problems of persons, the peasants' problems. The problems include many problems which influnce and intertwine one another, some problems are very serious such as the social security problems of the countrysides (including the rural endowment,medical problems, capital raising problems, etc.),the problems of the peasants'workers,(including the employment of the peasants'workers, wage arrrears of the peasants'workers,the social insurance,and the education of the children of the peasants'workers,etc.), the problems of the peasants who lost land(including the compensation of the peasants who lost land,the employment and the social security etc.); some problems have caused the social concerns. For example, the problems of the rural women, children and old men who stay at home, the problems of the psychological health of the mobile population, and the problems of the crimes of the mobile population, etc.. The problems of the peasants are related to the construction of the state and the social harmony, and the importance and urgency of solving the problems of the peasants make the problems of the peasants be the focus of the acdemic research in recent years. This article seeks to analyze the root of the problems of the peasants, discuss the theoretical grounds and the way of practice of the protection of the peasants' rights, and provide the way out of solving the problems of the peasants by viewing the protection of the rights as the approach of the study and viewing the right theory as the instrument of the study. The thinking of the article's study is to analyze the root of the problems of the peasants by analyzing the situations of the gaining of the peasants' interests, the situations of the survival.That is to say, I analyze the state power's ignorance and violation of the peasants' rights, the ignorance and violation make the peasants' rights lack universally.Then I discuss the justification, the content and nature of the protection of the peasants' rights. At last, I give the constrution of the systems to the protection of the peasants' rights.The article uses right theory based on the following three levels. I analyze the root of farmers'problems, arguing the validity of farmers'rights, and discussing the protection process of farmers'rights according to right as a theoretical basis and protection mode. These three levels can also be concluded to be a theoretical basis of protecting farmers'rights and a mode of right to protect farmers'interests.To sum up, this article is divided into introduction and body. The body includes five chapters. The relationship of these five chapters are: the first chapter raises the questions, the second, the third and the fourth chapters analyze the questions utilizing right theory and they are the part of analysis and theoretical argument of the article. The second chapter analyzes the root of farmers'rights. The third chapter discusses the theoretical grounds of protecting farmers'rights. The fourth chapter discusses the related issues on taking right as the way of right protection. The fifth chapter demonstrates a solution and method to solve the issues based on the arguments of the four chapters above.As for each part of the content, introduction can be divided to three parts. First, I summarize the current researches of farmers'issues, and I believe the current researches can not provide adequate theoretical support for farmers'issues, so I raise the idea of viewing right as the theoretical instrument of studying farmers'rights. Second, I analyze the precondition of farmers'rights, it focuses on the review of current researches on farmers'rights and the defining of meanings of relative vocabularies in the article. Third, it states how to argue this article, and the aim and meanings of the argument. The first chapter of the body is to analyze current situation and status of farmers'survival conditions from two aspects. The first aspect is to understand the meaning of farmers. Farmers should be understood from the meaning of institutional level in China. Farmers are symbols of identity related to the resource distribution and special social systems. Another aspect is to know the farmers'extension and the current situations, and social status through understanding three relationships: the relationship between farmers and land, the relationship between farmers and city, and the relationship between farmers and nation. To present the current situations of farmers'issues from different angles, I provide the background of facts for the following analysis and arguments and also raise the theoretical issues at below: although 70 percent of the population are farmers who also have rights to use land resource, why farmers and urban dwellers share different living conditions and social status? What are the fundamental issues which cause farmers'problems? What are the solutions to solve the issues?The second chapter is to analyze the root of causing farmers'issues by right theory. The chapter is composed of three parts. 1. To discuss the motivation why uses right as the analytical tool of theory and three meanings to utilize right theory in this article. 2. To summarize the national policies in favor of distributing resources to cities and analyze the direct reasons of causing farmers'issues, it is because of the unfair treatment on resource distribution to cities and the countries. The unfair resource distribution causes the duality social structure between cities and the countries. Moreover, the making and execution of all the policies are based on this structure. It furthers the degree of marginality of the status of farmers. Therefore, the improvement of farmers'survival conditions is developing slowly. 3. To view the root of the farmers'issues from the relationship of national power and the farmer status and point to the root of unfair resource distribution and unfair gaining of interests is that national power ignores and encroaches the farmers'rights, which also causes the lack of farmers'rights. All issues of farmers, the countries, and agriculture represent the lack of farmers'rights on resource distribution and gaining of interests.The third chapter is to analyze and argue the enjoyment of farmers'rights through right theory. It is composed of three parts. 1. To prove the validity of the enjoyment of farmers'rights from human right level. This is the argument of precondition on the lack of farmers'rights in general and the protection of farmers'rights. This part demonstrates that farmers should receive equal treatment on human right. It can be understood from two levels: farmers should receive fair respect and treatment on right and citizenship which have been written in the law. 2. To analyze the characters of the enjoyment of rights by farmers as one of the social vulnerable groups from the particularity of subject. The particularity of subject of rights is an analytical basis of the content of protecting farmers'rights and protection methods. This part discusses the characters and meaning of vulnerable groups and argues farmers'behavior, and their characters of rights as a vulnerable group. 3. To analyze the content of farmers'right protection. Based on the analysis above, this article will divide the content of farmers'rights protection to three levels, they are the right to receive fair respect and treatment, the right to enjoy the citizenship, and the right to receive special attention as they are belong to a vulnerable group. The content of these levels is not emphasized on farmers who should be given privileges, but argue the situations of lacking rights by the most farmers and validity of national power should respect and protect farmers'rights.From the perspective of right execution, the fourth chapter is to argue the meaning of solving farmers'issues through right as the way to protect interests. The chapter can be divided to three parts. 1. The reasons of using right as the mode of right protection, which argues why right is the better way to protect the interests of farmers through summarizing the process of right execution. 2. In current situations, it is valid to provide special protection for farmers'rights due to farmers'belonging to a vulnerable group. Furthermore, all policies are made and executed emphasizing on the interests of urban dwellers under duality social structure between cities and the countries, and farmers do not have an efficient way to present their interests because they are the vulnerable group, therefore, farmers'rights should receive special protection in order to achieve real equality. Although systems and the legal rules are equal formally, they can not protect farmers'rights efficiently in practical. There is a need to have a special protection in favor of farmers'rights. 3. To summarize the limits of farmers'protection by right theory, the limits come from three directions: the limited explanation of right itself as a theoretical tool, the realization of rights relies on the development of social material conditions, and it also depends on the improvement of farmers'rights consciousness.Based on the analysis above, the fifth chapter states the way how to solve the farmers'issues. The chapter is composed of five parts. 1. To set the relationship between national power and farmers'rights. The relationship between power and right in the right theory is an important theoretical pattern to analyze the practical issues. As for farmers'issues, to ignore and encroach farmers'rights by national power causes the issue of lacking farmers'rights. Hence, the relationship between national power and farmers'rights need to be set in advance in order to solve the farmers'issues. Right is the source of power, right restricts power, which is a typical statement reflected on national power and farmers'rights. Beside that, I think the current situations of ignoring farmers'rights by national power should be changed. National power should take responsibility and obligation to provide a special protection for farmers'rights to achieve equality. 2. The social justice is the highest value aim in the process of nation's development. Rawls'theory of justice distribution discusses the theoretical basis of the value orientation of farmers'right protection and principles. There are two reasons to choose Rawls'theory of justice distribution as reference: 1) Right has costs. In essential, right execution is based on the process of recourses distribution to protect rights. 2) The process of protecting farmers'rights is involved in the arrangement and reorganization of social structure, social economy, and social systems. Which standard can be used for processing the arrangement and reorganization? We need to choose justice theory to answer this question. 3 To handle the perspective and position in the process of the analysis. The duality social structure between cities and the countries, China's particular history and practical background need to be fully considered during the process of the analysis. The diachronic feature of accelerating economic development in western and solving the problems during the development should be taken into account. Furthermore, we need to solve the development issues and other relative problems caused by the development at one time in China. The feature of simultaneity needs to be considered as well. Therefore, all problems, which we are faced with, should be analyzed fully and objectively. At the same time, the subject of farmers needs to be presented. The status of farmers'rights should be changed from receiving protection passively to claim rights actively, which will make farmers become the real market subjects and right subjects. 4. The issues of legal protection on farmers'right protection. From the perspectives of lawmaking, justice, executing the law, and justice relief, this part is to analyze that lawmaking and executing the law need to be improved and reformed. It makes attempts at providing a theoretical direction to protect farmers'rights in practice from the design of systems. 5. Other conditions of protecting farmers'rights. The protection of farmers'rights is a social systematic project, which can not be accomplished by lawmaking only. It also needs helps from other factors. This part argues that farmers'rights need to be paid more attention and other factors from following aspects: to enhance farmers'consciousness of rights, to establish an efficient system to represent the interests of farmers, and to set up a fair and harmonious institutional system.