Research On Legal Matter Of Farmer Rights And Interests Protection Based On The Theory Of Community Right Of Development

The survival situation of social vulnerable groups is the weatherglass of civilization degree of a society; the human rights condition of these groups measures the standard of the national human rights guarantee. The protection and the relief of social vulnerable groups is the basic requirement of realizing the fairness of the society and the essential justice of the law, implied in the topic of constructing harmonious society. The protection of farmer rights and interests refers to the high attention paid to one of the social vulnerable groups-farmer community, which is the basic requirement of a civilized and humanistic society, the distinction of constitutional government from autocracy, and the reflection of democracy. The particular value of this protection lies in the reformable potentiality in reducing unjustness and unfairness and eliminating impoverishment, which integrates the model, the standard and the principle of protection mechanism of rural rights and interests into the planning, policy and the process of development, stressing promoting development based on rights and interests. To understand the intrinsic connection between the new rural construction and the farmer rights and interests protection, to establish the benign interaction theory model on macroscopic layer, and to initiatively combine the harmonious new rural ideal and the spirit of fanner rights and interests protection in the reality system design and the practice, will certainly impel our country's economic development and the construction of socialism harmonious society. This article, based on the analysis of the elementary theory of farmer rights and interests protection, by the investigation of the domestic and foreign fanners rights and interests protection system and the comparison research, unified the reality of Chinese society, mainly explore the construction of institutional framework of farmer rights and interests protection based on the community right to development.In the research, the author initiates with the basic connotation, the legal ground and the idea principle, has carried on the essential analysis in the basic theory of farmer rights and interests protection in our country. The legal principle analysis mainly involves the equal right to subsistence, the human dignity, and the equal right to development; The basic idea is mainly demonstrated upon four layers of the human rights guarantee, the substantive equality, the democracy, and the sustainable harmony, providing the foundation for the study of fanner rights and interests protection in our country.Next by inspecting on the basic models, the legal system and the practice operation of farmer rights and interests protection in several main countries of the world, experience and enlightenment are summarized for domestic issue. Through the sample analysis and the real diagnosis research of our country farmer rights and interests protection, here we sum up the present situation and the existence question, reveals the cause of present problems (the objective paradox of three big malfunctions). The third kind of strength enters the field of vision in reconsidering and development, proposing new thought in the farmer rights and interests and community protection. The practice calls for the theory instruction, followed closely the concept consideration and the construction of theory concerning the community right to development. This has laid the foundation for application of this theory in the field of farmer rights and interests protection.Finally, the innovation construction was done based on the community right to development theory and advanced the design of protection system of farmer rights and interests in our country. It was pointed out that the there are three basic characters about the consummate institutional framework of the farmer rights and interests protection: comprehensive, coordinative and sustainable. In the three-dimensional construction of development rights taking the farmer as the central subject body and the land as primarily object body, the countryside community right to development as the practice space and time carrier, firstly proposes the theory of community development right, based on the subject-object harmonious development, through the multi-dimensional community development in economy, democratic politics and culture and so on, thus seeks for the newer and higher level protection of fanner rights and interests.The research aims at providing a reference for the government in the legislation and amendment work of law in the future and being helpful in sustainable development of domestic fanner rights and interests protection.