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Research On The Farmer's Right Of Equalitity From Constitutional Perspective

Posted on:2010-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:L X WangFull Text:PDF
GTID:2166360275979646Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Equality is the basic tenets of human civilization,but also a fundamental principle of the Constitutio,To give citizens equal care and follow is the common guidelines of the world's countries and the international community.China is a big agricultural country,which accounts for 80%of the country's population,Farmers are the main part in agricultural production.However,due to the history of caused by urban-rural dual structure,the basic rights of the farmers in the political,economic,social and other fields are in an unequal position.The constitutional right to vote,labor rights,employment rights and social security rights are not equal the implementation.As China's modernization and urbanization of the city to speed up the neglect of farmers' interests.Disregarding the rights of the farmers is not only not been eliminated,but a more prominent problem.Lacking of effective protection of the rights,farmers become the largest vulnerable society groups in our society.Agriculture is the real question of the rights of farmers,only effect society in order to build a harmonious society.Thesis of the theory of right of equality to start with the farmers from the three aspects of equality are discussed.Partâ… :Farmers' rights of equality are mainly related to the concept of defining the nature.Equality is the concept of diversification,there is no uniform definition,but there are also some common characteristics.Right of equality is the fundamental right and a constitutional principle.There are constitutional provisions regarding right of equality.Because of Household registration system,the farmers whose identity as a symbol are in an unequal position in many ways,the farmers' rights of equality are related to basic human rights,affecting their survival and development.Partâ…¡:focus on analysis of the farmers the right to equal protection of the status and impact factors.Overall,the fundamental right of farmers to protect the status quo is not optimistic.For their outstanding performance: the allocation of resources for farmers the right to market the franchise rights and the production of the imperfect,the income gap between urban and rural residents continued to widen the economic rights of the peasants led to inequality,"election law" in each of the farmers and representatives of the City on behalf of the population caused by different provisions of the rights of farmers and political inequality,it is difficult for farmers to participate effectively in political decision-making,to the household registration in urban and rural areas as a standard partition of the social security system,farmers were excluded from the national social security system caused by right to social security of farmers inequality,the state of education in rural areas too much government debt obligations,the peasants and their children an equal right to education still faces many obstacles;in the labor rights,are treated unfairly been the subject of frequent violations of the rights of farmers.Caused by the peasants in our country is not effectively protect the rights of the main reasons are:the urban-rural dual structure of the farmers resulted in unfair treatment of farmers the right to harm,the Constitution of equal rights for farmers in particular lack of protection,the general lack of law and the law is unconstitutional laws and regulations is not correct,it ignores the rights of farmers and damage,judicial relief system is not perfect and farmers led to a lack of farmers rights advocacy group difficult,lack of self-protection.Partâ…¢:thesis put forward the basic idea of equal protection of the farmers from a legal perspective:We should strengthen legislation to protect the farmers' rights of equality from the constitutional text on the purpose of recognition and relief.It includes the increase in "reasonable differential treatment","prohibition of discrimination" and the "residual rights" provisions, giving farmers the right to special protection as vulnerable groups and restore freedom of movement.At the legal level,it is necessary to revise and clean-up laws and regulations which is not conducive to the achievement of equal rights of farmers.Relief in accordance with the rights required to construct the Constitution applies to the system,and ensure the equal status of farmers in the application of the law be fully realized.
Keywords/Search Tags:Constitution, right of equality, farmer, the farmer's right of equality
PDF Full Text Request
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