The Research Of Problem Of Farmers Inquiry From The Perspective Of Right Relief

Along with much debate on the Inquiry System, our country carried out the new letter creed example On May 1, 2005.Complaint letters was decreased after years of effort, and the growing tendency of the petition has been effectively controlled. But from the total point of view, petition is still at a high level, especially the farmers' inquiry which was one of the social hot and difficult issues that has caused wide public concern.It is a serious problem that how to maintain social justice. We could study the farmers' inquiry to know how to guarantee farmer's right from the perspective of right relieving, at the same time we should give full consideration to the importance of farmers'specialty and the development of harmonious society during the transitional period. The research on the problems during the social transformation period in China is very helpful, if we could solve this problem ,we can really protect farmer's right ,we can achieve farmers' right remedy timely ,we can resolve social conflicts effectively and safeguard social stability, eliminate the potential social conflicts and contradictions; in favor of foster the concept of fair value, and eventually realize the true meaning of justice and equality, and that is very important to the promotion of China's reform and opening up to further deepen and the sustainable development of society.Thesis is divided into the following sections:Part I: This article explained the basic theory of right relief from three contents: right relief, the realization of the right way to relief and the factors which affect the right. That is helpful with the further discussion below, the construction of basic analytical framework and the start of the paper.Part II: This section analyzes the reason why farmers like to realize right relief from petition system from the right conditions, the right to relief system and the farmer's own limitations. First of all, writer summarized the weak position of farmers and the fundamental rights of the peasants in our country under the great background of social transformation. Secondly, explain the limitations of China's system of judicial remedies, administrative remedies, and make a comparative analysis of those three different petition systems, then explain the advantaged letters and visits system as a means of relief to the farmers. Finally, make an explanation of what are the limitations of the farmers when they facing the choice of channels of right relief from the economic base of farmers.Part III: This part analyzes the status of Petition on China's farmers'relief. First of all, describes the status and the Plight of the farmers inquiry in our country, then from the external system,internal system and the practice of operating to find the causes of the plight of the relief petition on China's farmers. Finally, aims at the present situation to illustrate the importance to perfect the right relief from petition system for farmers to achieve right relief.Part IV: It is the core of this article to analyze the measures to solve the problem of farmers'inquiry, First, analyzes the equal rights for farmers, the rights relief system and the composition of the current situation, then made some strategies to resolve issues and recommendations of the problem of farmers inquiry from the farmers'equal rights and relief to the implementation in view of the external structure, internal systems and the practice.As a social hot and difficult problem, farmers'petition highlights the profound paradox under the transition of China's social development. This is the reflection of the missing of farmer's rights. All kinds of inquiry problem is the fact that the performance the deficiencies of the farmer's rights. Marx noted: " Rights can never exceed social economic structure and economic structure as well as the constraints of the cultural development of society which decided by the economic structure."The realization of the rights and economic and social development are closely linked. However, high degree of development of productivity and the level of the continuous improvement of the material do not means that the equal rights of citizens would be a natural realization. By a series of well-established system of rights constitutes a reasonable and efficient distribution system relief system is the realization of the rights of citizens of the fundamental guarantee of equal rights. Thus, to solve this problem, on the one hand we should establish the concept of equal rights and give constitutional concern to farmers to really protect the farmers; the practical implementation of co-coordinating urban and rural development policies, and constantly increase the strength of policies favoring the rural areas; the gradual abolition of urban and rural divided dual governance structure, effective protection of the rights of farmers to achieve equality. On the other hand, it is necessary to improve the relief system for a wide range of rights and to open the channels of relief. First of all, stressing the judicial relief system to improve it, and constantly consolidate the core of judicial relief; second, to constantly improve, and explore a wide range of rights to develop methods of relief and the relief system to establish the rights of co-coordinating mechanism. Finally, reform the petition system in order to improve the operating mechanism. The existence of the relief function of petition system is necessary and reasonable at this stage. The reform of the petition system should not be one-side stress on the rights of the petition system of separation of relief features. Clear the scientific functions and responsibilities further in the existing right relief system, further improve its functions within the scope of functions of the right to relief are more important.