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Research On Constitutionalism Of Urban-rural Isomorphism

Posted on:2012-07-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:J J GaoFull Text:PDF
GTID:1486303356974079Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Essentially speaking, constitutionalism is to limit or standardize the exertion of state power through rational system design, making citizens obtain effective safeguard of their human rights. The western classical constitutionalism thought pays attention to how to maximally protect social members from the violation of power, and reduce the opportunity of the violation from government to citizens minimally. The constitutionalism construction is the core content of Chinese present political reform, and also the standpoint of solving the countryside problem. Regarding the Chinese countryside problem research, it could not be limited merely on the economic and the sociological domain. It is equally important on the research of constitution domain and the analysis on view of constitutionalism, even much more fundamental. The research of this paper is precisely under such background.Urban-rural isomorphism concept presented in this paper, is the sublimation of concepts such as urbanization and city-country integration, etc. It pays great attention to the respect of farmers' independence, and gives them more space of independent development, making them enjoy equal rights and constitution status with urban residents, and receive same protections of the Constitution. Urban-rural isomorphism emphasizes the homogeneities between city and countryside, such as system structure, legal status, cultural environment, economic policy, life style, interpersonal relationship, etc. There will be no more market position difference between city and countryside, or status inequality between urban residents and farmers, or exploitation from industry to. agriculture. The realization of urban-rural isomorphism, in the final analysis, is a constitutional question instead of a pure economic or sociological question.From the perspective of Constitution, the equality in right between farmers and urban residents constitute the conceptual core of urban-rural isomorphism. However, the existence of dual structure of urban and rural areas, causes deficient of the farmers'right and economic poverty, resulting in the developments of countryside on each aspect all seriously fall behind the city, such as democratic politics, economy, culture, social security, etc, and restricting the whole development of Chinese society. In recent years, "Issues concerning agriculture, countryside and farmers" always puzzles Chinese social development. It has direct causal relation with such dual structure of urban and rural areas.Dual structure of urban and rural areas, as well as measures concerning urban development policy, household registration system, city employment management, etc, leads to serious inequality between urban and rural areas. It includes inequality in political authority and enjoying rights, unfairness in assignment and market transaction. It has already been an internal injury of our harmonious society and an irony in democratic constitutionalism construction. Problems in rural areas should be solved from breaking the existed dual structure of urban and rural areas, specifically including system reform, protection of equal right, and so on.Based on previous consideration, through analysis of six portions, this paper proposes the concrete tentative plan to solve the problems of the countryside in China. In part one, it elaborates some questions, such as basic connotation, research technique, research significance, rationale, etc, which belong to the concepts of urban-rural isomorphism; in part two, it analyzes the research background of this paper; in part three, it discusses the realistic value on the research of urban-rural isomorphism, as well as close relation with constitutionalism construction; in part four, from angles such as household registration system, financial system, market system, property right system, etc, it analyzes the necessity and specific request of the system reform; in part five, from the perspective of equal power, it analyzes the request of urban-rural isomorphism, it discusses specifically equal protection questions of status power, political rights, income and employment rights, social security and rights to receive education, etc, it analyzes the value of migration freedom, present situation of our country and concrete suggestions on reform; in the final part, it presents the conclusion.Generally speaking, from the perspective of Constitution, this paper analyzes present situation and root of the countryside problems in our country. It also proposes concrete mentality for solving the problems and the concept of urban-rural isomorphism, hoping to replenish the research results.
Keywords/Search Tags:urban-rural isomorphism, household registration system, freedom of migration, right to equality, constitution
PDF Full Text Request
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