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Legal Protection Of The Right To Equality Of Chinese Farmers On Contemporary

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2166360302990030Subject:Constitution and Administrative Law
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Since the ancient times, China was a typical large agricultural country, agriculture, rural areas and farmers issues has been the impact of Chinese reform and opening up and economic and social development of the core issues. In particular, in recent years, with the rapid development of China's market economy, "three rural" issue has become increasingly prominent, also got more and more attention by the party and the government's. It is often said that agriculture is the economic development, scientific and technological progress, the basis of national prosperity, then what is the agriculture foundation? The answer is obvious, it is the farmers. To build a modern country, first and foremost task is to build a modern agriculture; to build a modern agriculture, "educated, well versed in technology, will operate" a new farmer support is necessary. Only when the peasants set richer the agriculture to prosper, only the agricultural prosperity, the country can truly achieve a prosperous, democratic and civilized. For farmers to get rich first problem is to increase their income, while the increase for farmers focus on the reality of equal rights of, only the equality can make equitable access to production and the means of subsistence, in a market economy are will be possible to achieve revenues in a fair competition and status of continuous improvement. I write this paper also aims to set out the farmers through the inequalities in the status quo, analyze its reason for being such a reason for unequal treatment and thus find a way out, hoping to achieve equal rights of farmers and promoting economic development, the society continues to progress in their own modest contribution to the game. The author makes the article to the following aspects of the architecture:The first part I described in the text that farmers' equal rights as opposed to urban citizens, this inequality is due to Chinese special exclusion of urban-rural dual structure system of exclusion gradually emerged inequality. Therefore, in this section, the author first defined the right to equality is the Constitution and a citizen's basic rights, is the basis and prerequisite realization of all other rights , only the first achievement of "equality" in order to achieve political rights and freedoms, freedom of religious belief, physical and personality rights, socio-economic rights, social and cultural rights and freedoms and a host of other rights, as well as make conceptual distinction between citizens and farmers, stressed that farmers are an important part of citizens, they should enjoy all the rights, of which naturally includes the right to equality. However, in comparison with other countries' farmers, Chinese "peasant" is not only a career, it is a status, from birth to death, generation after generation continue to delay transmission of the status symbol. This articles through discourse analysis to the farmers the right to equality, gives reasonable definition, that means the farmers' right to equality in the political, economic, and cultural and educational aspects, in accordance with the Constitution and the law and equal enjoyment of the public or should be enjoyed by all the non - difference between right or equitable interest, and the right to be treated equally. The concept is clear, and should be aware of the characteristics of peasants' right to equality? We have studied the significance of the peasants' right to equality? In this section it should be clear on this.The second part starting from the perspective of vertical comparison shows that the right to equality in Contemporary Chinese farmers already in the best period in history, farmers in the socio-economic rights and cultural and educational rights, realized the tremendous changes from scratch, in a democratic political rights from the original "untouchables" into today's "allies" and achieved a historic breakthrough. However, unlike other citizens, especially when compared with urban residents there are still big gaps. Particularly worthy of mention is that in the process of gradual improvement, since the founding of the PRC promulgated by the state after the date the 11 "on the 1st document" the realization of the enormous impact the farmers the right to equality. In the horizontal structure to the urban and rural household registration foothold, compared to farmers and the public to analyze the farmers come to a lack of equal rights. First, the farmers on the unequal economic rights, which is mainly reflected in income, the state's investment and the unequal distribution three aspects; Second, farmers in the inequality of political rights, which by the farmers the right to vote, right of association and the right to freedom of movement under the above limitations can be learned; third, the fundamental rights of the peasants in the social inequalities, mainly farmers in social security, health care, education and employment there is a big gap with the citizens.Part three, this part is mainly from the subjective and objective analysis of two aspects of the right to prevent farmers from achieving equality causes. From a subjective point of view, the absence of the farmers the right to equality was mainly due to the lack of peasant self-awareness of their rights and legal awareness. Since the ancient times, survival was the first needs, this need is still unable to meet the case of the farmers would not have thought much less naturally to fight for other rights, such as the right to equality. Objectively, a variety of historical reasons, the material level of underdevelopment in rural areas and to farmers "marginalized" economic development system, the state adopted for the development of heavy industry-based, "in order to raise agricultural workers", "digging farmers fill labor" clearly tilted to the industrial city development policies are all serious impact and hamper the realization of the farmers' right to equality.The fourth part of this section is mainly directed against the peasants in the economic, political, and social fields as being the difference between surface treatment and equal rights loss of the case, in the analysis of obstacles that inhibit farmers' right to equality to achieve a variety of reasons given to the farmers based on the equality of rights to legal protection of the recommendations and measures. First of all, we must reform and the gradual abolition of the existing urban and rural household registration system, to achieve the free movement of farmers, to achieve equal rights for farmers to create a good social environment, because this will be artificially divided into two kinds of citizens and farmers in different capacities a system that is caused by the loss of peasant roots of equal rights; Secondly, it should be to amend the existing constitution, which is not the legal provisions of equal benefit to farmers, increase and improve the equal rights of farmers to protect the constitutional provisions to the constitution of this nation's basic law to protect the farmers the realization of equal rights; third, improve agriculture, rural areas and farmers this "three rural" issue is closely related to the legislation to grant legal protection to farmers; Fourth, accelerate the pace of judicial reform in rural areas, and strive to change What village bylaws About China, government administration of justice in rural areas such as the right of the adverse effects of the eventual realization of judicial independence in rural areas, from the judicial to give farmers' right to equal protection; Finally, the government and the relevant departments should further strengthen to bring the law universal and promotional efforts, so that more farmers can more easily understand the law, the right to awaken awareness of the farmers can be relied upon as a guide to the activities of their own actions, when their legitimate rights and interests are illegal infringed, they can use the law as a weapon through legal channels to seek justice, equality legal assistance in order to better protect their legitimate interests.
Keywords/Search Tags:Contemporary
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