On Realizing The Social Equity In Legal Adjustment Of Farmers' Economic Rights

For the nation to be turned into a well-off society, it is of vital importance to tackle the three dimensional rural issues (referring to issues concerning agriculture, rural area and farmers). To achieve this goal, we need not only a faster development in agriculture, but also a thorough change in rural areas and a considerable increase in farmers' income as well. Of the three dimensional issues, the issue concerning the farmers is of the most importance. One of the main reasons for the slow increase of farmers' income and large disparities between rural and urban areas lies in the defects in the economic legislation on rural industry. This is particularly true when it comes to the fact that the orientation and content of existing economic laws on rural industry is far from the goal of unification of efficiency and social fairness. This paper starts with the economic, political and legal significance of protecting farmers' economic rights. An empirical approach is employed to analyze the commonly existed inequity in the current economic law on rural industry as well as in the system of protecting farmers' economic rights. To solve the three dimensional issues and increase the speed of realizing a well-off society, the author makes suggestions on the legislation and structural reform for the realizing of social equity in legal adjustment of farmers' economic rights'.Part I: The practical and theoretical significance of realizing the social equity in legal adjustment of farmers' economic rights.One of the greatest difficulties in realizing a well-off society of our nation is to solve the three dimensional issues. The interest allocation function of legal systems, especially economic law system, must be rationally applied to adjust interests between industries. In order to realize a coordinated and steady development of economy and to realize social equity in legal adjustment of farmers' economic rights', the interests of farmers who belong to weak group must be protected. The unification of efficiency and social equity should be realized in the legislation of economic laws of our nation. We are in the process of reform concerning the realization of the political structure of "governing the country according to law and making it a socialist country ruled by law". The above issues are important in theoretical research of law and legislation to realize the unification of efficiency and social equity in economic laws.Part II: The empirical analysis of inequity in legal adjustment of farmers' economic rightsDuring the process of further reform in economic structure, farmers who belong to vulnerable group are in a more disadvantageous status in gaining their interests for the defects of systems. Until now, the outdated, ineffective and unequal systems like the "discriminating" rural-urban dual structure household registration still widely exist. Meanwhile, in the areas of economy, culture, science and education etc, a new system of social equity which is innovative and efficient has not been established comprehensively. The infringement of farmers' economic rights exists in various aspects, e.g. the insufficient supply of public services in rural areas, the low comparative advantage in agriculture, the comparative decline of farmers' income, the slow transit of redundant rural labors, the over-heavy burdens on farmers. To solve the three dimensional issues with secure protection of farmers' economic rights, we urgently need to abolish the legal systems which are contradictory to social equity.Part III: To perfect the economic law system on rural industry and to realize the equity in legal adjustment of farmers' economic rights.Specific and effective measures must be taken to perfect legislation and to reform systems. The social equity in legal adjustment of farmers' economic rights' should be realized as early as possible. The normal operation of rural market economy requires not only the unified rules and specific property laws, but also the establishment of an effective and sound system involving...