The Difficult Position And Outlet Of Farmer's Protecting Rights Under Constitution

That the huge agricultural population and agricultural foundational status, has decided that the national condition of China ,which is considered as a large agricultural country, brings the country the unprecedented attention to "three agricultural questions. The resolute reform of taxes and fees has played a great important role in relieving the burden of farmers indeed. However, if they want to fully deregulate, national powerful support is needed in both political and the legal stratification. The research on "three agricultural questions" has been proceeding in academic circle, but the majority focus on reforming the realistic system, such as breaking dual system between the city and countryside, reforming land system and lateral economic ties, or superficially discussing on village government by law macroscopically. Generally, scholars incline to make the research by mixing together the agriculture, the countryside and farmers, but few can study by regarding "farmers" as a separate body merely. Even if regarding to the research on Uygur power question, they also choose the realistic difficulties of protecting right and restriction factors as the starting point, rare may concern the farmers' questions from constitutional angle, despite farmer Uygur power question. In a sense, politics and the economy are the mutual interaction; therefore, the author believe that we can not pause only on the economical stratification. Although reform of taxes and fees and new countryside reconstruction are very important, what is the most essential is that we should confirm farmers' citizen status the same as the city dwellers and protect their right.Law is not only an important tool in safeguarding national normal operation, but also an essential factor in guaranteeing people' enjoying a good and prosperous life. Furthermore, it is no doubt that constitutions plays a basic and core role among all laws . Through the comparison between the farmers and residents constitutionally, we can find that fanners had been doomed to be fuzzy body status and even the flaw destiny as early as the time when the constitution was formulating, which is due to the historical reason, even caused by the realistic factor that farmers are unable to realize the right to talk freely. Having analyzing the present situation how the farmers' right to be realized, the author discovered the reasons why farmers submit a lawsuit to protect their rights- -right flaw as well as the non- strongly safeguard. Moreover, author has further analyzed farmer's present situation protecting right. The function is limited by such ways as lawsuit, the mediation, appeal and so on, which we can ask nation for help. The mechanism outside the system occurs quietly, which is set to solve the dispute, such as settling a matter down privately, appeal for help by trans-law and the weapon fights, etc. Herein, the author analyzed how the fanner to choose the way protecting rights realistically, and give a further elaboration constitutionally on the difficult situation that the farmers have been facing: they are uncoordinated between the demands to protect the rights and the supplies of constitution idea, the constitution text as well as the corresponding sets of measures. Therefore, the outlet to go out the difficult position is to establish the constitution idea that the farmers and the residents enjoy equal position; meanwhile we need guarantee the idea's realization through the consummation of constitution texts, the establishment of constitution lawsuits, the confirmation of the right to choose the way protecting right, and the perfection of the concrete system, etc. Only in such a way can we answer the question.