Farmers Conversion Process Research, The Driving Mechanism Of The Legal Construction

Contemporary Chinese peasants flow extensivly from agriculture to the migration of the non-agricultural industry, begin at the eighties of last century, under the comprehensive function in the factors , such as social economy , etc. This kind of non-agricultural transformation of Chinese peasants demonstrates the unique mode process, a unique social phenomenon of period that thus become the society and make the transition in an all-round way. Peasant's non-agricultural process, has standardized the respects and all exerted an extensive and far-reaching influence in the legal system social foundation , involving in legal behavior and legal consciousness of the subject, the value idea and system of legal system .Peasant's non-agricultural process has promoted the constructing again of the traditional legal system foundation. The traditional small-scale peasant economy , the patriarchal system and the ecological environments of native soil society are social bases of China's traditional legal system . Peasant's non-agricultural process has accelerated the commercialized process of traditional small-scale peasant economy, have promoted the contemporary Chinese development from agricultural society to industrial and commercial society; Peasant's non-agricultural process has mopped up the remnants of the rural patriarchal clan system force further, has cleared away the obstacle for the modern legal system being suited extensively in rural society; Peasant's non-agricultural process changes the etiquette and custom order of the native soil society, has promoted the forming of the rural legal principle type society.Peasant among the non-agricultural process , wading with subject law behavior increase , the adjustment by law is more convenience than by morals custom normal facility , so the position of the law in systems of standardizing of society is outstanding day by day there upon . because of the legal behavior law . Meanwhile, because of the legal behavior of the peasants of working in town increase, peasants' knowledge, emotion and faith to law change thereupon , thus brought along the transition of peasant's subject of working in town legal consciousness on the whole . In peasant's non-agricultural process, peasants working in town produce a lot of extensive and realistic claims, the guarantee and realization of these claims need affirmation and support of the law, while meeting the claims of the peasant on a large scale , all made the positive response in the value idea and system norm in law. On the value idea aspect, the fairness of procedure is confirmed fairly further, the fairness of substance is regarded as the supplement of the fairness of procedure , become important idea of guidance of legislate and justice . Standardize the aspect in the system, the contradiction situation with inherent lagging legislating and legal system is improved, the administration of justice is improved during the process of ensuring peasant's subject rights and interests.