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Pondering Over The Mechanism Of Landless Peasants' Old-Age Security On The Basis Of Constitution

Posted on:2010-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360275479940Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The protection of citizen's fundamental rights is the nater and core of modern society ruled by law,and the soul and aim of consititution and constitutionalism as well.It's an important task and target for the process of modernization to confirm,assert and ensure citizen'fundamental rights.With the rapid grouth of our enconomy,citifying and industralization,plenty of agricultural land has been expropriated,leaving a lot of peasants losing their land,which are being regarded as a new-forming and rapid-enlanging social vulnerable group.After all,what they lose is not only land alone, but a set of fundamental rights,including the right of subsistence,the right of equality,the right of social security and so and.How to ersure the landless peasants' fundamental rights has already become an urgent problem,we must study and solve in order to carry out institution,to realize social equality and to construct a socialist harmonious society. Especially the security of landless peasants'old-age pension,which is an essencial part of our social security system,will affect the overall situation of our reformation,and have a direct effect on economic development and social harmony and stability.Selecting the consititution as the vitiual angle,the present law of old-age pension as the foundation,citizen'fundamental rights as the mainline,the data collected form an on-the-spot invistigation as the evidence,landless peasants as the target of study,the essayist carries out series of analysis of standardization.The essay firstly determines the nature of peasants,landless peasants and the old-age-pension from legal aspect,then elaborates the consititutional evidence of landless peasants' fundamental rights involving citizen' rights of equality,substance,old-age-pension and rights of property,or rather,the essay analyses every citizen' fundamental rights endowed by the consititution from different angles.In the second part,the essayist,by analyzing the data got form an on-the-spot investigation in X village in Wuhan Y Econnmic Development Zone,elaborates the present state of landless peasants'living and old-age-supporting,and makes a detaled explanation for the cause of their loss in benefit form the angle of consititution.The essayist believes that the main causes for landless peasants loss in benefit are the deficiency of their old-age security,the lag of social security legislation and the defect of present rules and regulations of land requisition and compensation,which bring lack of rights of equality,substance,social security and rights of land and property respectively.In addition to the analysis of the cause of the landless peasants' loss in benefit,the essayist puts forword his own tentative idea form both macor and micro visual angles, namely,to set up from systematic,institutional and legal aspects,a concerted and effective old-age-supporting mechanism gradually.This can be an important measure to respect and ersure the landless-peasants' human-rights,and an embodiment of carrying out the consititution,which can effectively ensure social harmony and stability. Specifically speaking,we should explore the means form the aspect of the consititution by which the landless peasants can safe guard their interests and obtain relief in case their benefits are danaged.And we should define clearly the duty and obligation shared by government,collectives and individuals,and try to achieve the goal of defending the landless peasants' fundamental rights by constructing series of old-age security regulations.
Keywords/Search Tags:Landless peasants, Old-age security, Mechanism
PDF Full Text Request
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