This is a right time, treats the right earnestly is the right time's subject. Because treats the farmer's right to subsistence should earnestly to be the topic which our society should take seriously, the farmer's right to subsistence shows its importance for farmer's main body. Farmer represents the Chinese citizen's right overall condition and the human rights situation Because the main body's scale means the right to subsistence's condition of the farmer, and reflects the Chinese society's fair degree.However, in China, compares with the city peoples, the farmers present the huge unreasonable difference in economy, the society and cultural, which seriously influence the society's harmony and the sustained development of economics. Realizing and maintaining well the farmer's right to subsistence is advantageous in well-off realizing in all the people looking from the short-term, is advantageous to the new rural reconstruction's advancement, and is advantageous in the society's stability and harmonious; from looking for a long time, it is the power of constructing the country that is strong, democracy and the civilized socialist country and impelling the material civilization, politics civilized and spiritual civilization's coordinated development.This article takes the farmer's right to subsistence as a subject, it is mainly analyzes present safeguard situation in present stage, the problems and the reasons of the farmer's right to subsistence and ponders the farmer right to subsistence safeguard's perfect measure. The article is divided four parts. The first part limits farmer's concept of this article obtaining from farmer's definition and the characteristic, and points out our country farmer's minority groups' social position and analyzes the content and the nature of farmer's right to subsistence. The second part is about the safeguarding legal principle theory of law of farmer's right to subsistence, elaborating the equivalent of farmer's right to subsistence, as well as the value of the present stage safeguards the farmer's right to subsistence. The farmer's right to subsistence's equality is the manifestation of human rights'equality and constitution right's equality. The third part is the key point of article. Under the current new rural reconstruction's background, the article analyzes the present situation of farmer's right to subsistence's the question and the root in detail from elaborating the the peasant economy, social, the cultural right in detail. It mainly analyzes farmer's survival conditions such as farmer's lowest social security, life and health, old-age insurance, medical safeguard and Pointing out that the system assignment's unfair, the national economy aggregate level is not high, farmer's right consciousness is light, the government's behavior is not appropriate and so on, Which is the main reasons of the farmer right to subsistence safeguard is insufficient. The fourth part is the safeguard countermeasure of farmer's right to subsistence. It includes that specifically reconsiders the relation between efficiency and fair, the consummation of rural community safeguarding system, the constitution safeguard of farmer's right to subsistence and measures of construction service government and so on . |