Research On Farmer Rights And Interests Protection Of China

Human rights protection nowadays has already become a hot topic throughout the world. In our country, the respecting and protecting of human rights is reflected not only in the Party's resolution, but also in the Constitution. Therefore, human rights protection has become an inevitable talk in our modernization. Farmers, as part of our socialist construction, shall enjoy the equal human rights protection. However, due to some particular historical reasons and realistic conditions, farmers'issues which spring out in the process where we are undergoing the social transformation and economic transition are more complex. Under this background, it is of more realistic significance to study the farmers'rights from the perspective of human rights protection.The studies of the farmers'rights protection are rich in content. This thesis, starting from the viewpoint of human rights, conducts an analysis of farmers'rights from the aspects of economy, society and culture, politics respectively. On the basis of analyzing the current conditions of protecting farmers'rights, this thesis points out that farmers'rights protection bears difference with other interest groups. To protect the farmers'rights, we should first treat them as equal humans, set up correct rights idea. We should also have a fair treatment towards the farmers'interest appeals and distribute the social resources reasonably, endowing farmers deserved equality. Furthermore, to ensure the full realization of the farmers'rights, some specific and nichetargeting measures, besides the legal norms, should be drafted, identifying and protecting farmers'rights legally.This thesis includes four parts besides the introduction and conclusion.In chapter one, through the analysis of the development of the human rights, we hold the belief that farmers'rights protection is a transformaional process from the theoretical and legal rights to the concrete rights. Form the angle of the human rights, farmers'rights protection mainly involves the economic rights, political rights and the social and cultural rights. Nowadays, the main point of protecting the farmers'rights is to give equal treatement to farmers'interest demands, full affirmation and protection to them through laws. At the meantime, to the current farmers'rights protection, its mechanism construciton must be strenghened.Chapter two, gives an investigation of the protecting farmers'rights in our country. After the foundation of PRC, a great progress has been made on protecting the farmers'rights politically, economically and culturally, however, there are still many problems. Economically, due to the long-term policy discrimination, the economic equality right of the farmers has long been deprived. The great economic gap between the urban and rural areas is still in a need of institutionalized remedies. Socially and culturally, the rights of equal employment, equal education and social security for the farmers have not gained an equal treatment. Politically, farmers'rights to vote was not in equality either, and the realization of the farmers'political rights was not given due attention. On the other hand,Chapter three,this chapter conducts an analysis of the reasons underlying this phenomenon. The boundedness of the farmers is source point leading to this; political and legal discrimination against farmers is the institutional cause for this.Chapter four, the farmers in our country have become the biggest vulnerable group. To secure the realization of the fundamental rights of the farmers, to begin with,we should establish a correct concept of farmers rights protection and give some special inclining protection to farmers, in addition to that farmers can equally enjoy rights legally authorized. Second,the farmers'legal awareness should be strengthened and their ability to protect themselves should be promoted. Third,improve and perfect the mechanisms of farmers rights protection,it should be made clear that farmers enjoy the land property right and a variety of forms of land property rights should be explored;a reform should be conducted on the existing household registration system, repealing a considerable number of unreasonable functions attached to this system, to ensure the village farmers and urban residents equal opportunities to develop and equal public services;extend the political participation of the farmers, establish a sound representative system for the farmers'rights, unblock the expressive mechanism of the farmers'rights to ensure the realization of the farmers'political rights. Farmers'creativity should be fully respected to promote the grass-root democratization process from the bottom up;an investment on the rural education should be increased so as to guarantee the farmers'rights to educate.