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Study Of Farmers' Rights And Interests Guaranteed By The Government Responsibility Legal Issues

Posted on:2008-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2206360215473219Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, "agriculture, rural areas and farmers" in the"three rural" by the nation's attention, farmers are always theChina's social and economic strength and as an indispensablepolitical configuration of the class. Farmers have been animportant component. In the process of reform, development andsocial stability require synchronization. Farmers in this areawith our stable and harmonious development are inextricably linked.Under the newhistorical background and current situation of Chinato protect the rights and interests of farmers, farmers generallyraise the social status still closely linked to the government'sefforts, government has the responsibility to play a full andeffective protection of the rights and interests of farmers is animportant factor. From government promoting policies and guidancesystem, economic construction and social progress can only bestaggers even move an inchProtect the legitimate rights and the interest of farmers isa fundamental responsibility. The legal responsibility is animportant part of economic laws, in the framework of economic law,The legal responsibilities of functions and responsibilities,including two aspects: On the one hand, entrusted by thegovernment to manage and regulate the entire exercise of the lawof economic and social development, but on the other. Thegovernment of the exercise of management authority should bear thelegal responsibility for the consequences. Agriculture, ruralareas and farmers is also in the process of China's economic andsocial development of existing forms farmers and the quality oflife is closely related to the conduct of the government. Narrowingthe development gap between rural and urban areas is thegovernment's responsibility. Therefore, from this perspective,the legal rights and interests of the farmers and the legal relationship between the responsibilities belong to the economicadjustment, this is based on social equity and justice forEconomic objectives of the law embodiedThus, both in terms of theory and practice are pleasing. Ourgovernment, especially local government in formulating andimplementing policies and regulations relating tO the rights andinterests of farmers. To the immediate interests of farmers shouldaim to raise the standard of living for farmers provide a moreconvenient way. In recent years, and from the reports andinvestigations related to the living standards of farmers, underthe management of the central and local governments, China'sagricultural development has greatly changed compared with theearly days of reform and opening up, accelerating the process ofrural urbanization and the construction, Peasants in the standardof living and quality has also improved. But that should not beoverlooked is that the peasants and urban development and othereconomic and social conditions, and the development of China'speasants situation is not optimistic, there are also many problemsin this process. For example, local governments have formulated thepolicy of constantly changing, making very difficult for farmersto meet. Another example is the acquisition of rural.land foreconomic construction, and the resettlement of landless peasantson the legitimate right of compensation to achieve in real life thereare many difficulties. How to coordinate the rural reform anddevelopment lags behind the country's economic and social situationand the rapid development of the relationship between the twoforward. Economic Law in the system, and discuss how to betterexercise the power vested in them by law and social management.Better bear the corresponding legal responsibility is to beconcerned about this issue.The article is divided into five parts:partⅠ: The theoretical basis of legal duties is to protect the rights and interests of farmers. First, from the constitutionalresponsibilities of the relevant provisions of the rights andinterests of farmers and the government started to invoke therelevant provisions of the constitution. Economic responsibilitiesfrom the government on the definition and characteristics and thegovernment should also shoulder social responsibility both to spellout the legal relationship between the two. Analysis of the reasonwhy the government should protect the rights and interests offarmers for the following reason: Finally, based on the first twoled to the legal value of the government to protect the rights andinterests of farmers, it is social justice, realization of therights and interests of farmers should also have practical value.PartⅡ: h foreign government to protect the interests offarmers. Germany, the United States, Japan representative of themajority of countries for the traditional Social Security, theUnited Kingdom, Sweden, Finland to represent part of thewelfare-state social security, the former Soviet Union. EasternEuropean countries represent the state's insurance guaranteed bythe state-of-old-age insurance system and the Singapore-basedrepresentative of mandatory savings, the accumulation of the CPFsystem completely. These four forms of security system will treatfarmers as equal members of society. Compared with other groups,or any special class, to learn China's social security system inlearning to build and improve the social security system, the classof farmers and urban residents should also protect importantpositionPartⅢ: Situation of government protecting the rights andinterests of farmers, Analysis of the worst living conditions offarmers and government legal responsibilities missing patterns,such as government policy to replace the law farmers a biggerpsychological panic, the government's concept of governance tendcity, making rational and effective social security mechanism has not been established, farmers lack of security. Subsistence offarmers equal rights to be neglected, the frequent occurrence ofviolations of the interests of rural construction has lagged behind.Growing gap between the living standards of urban residents andfarmers become huge. Lack of public goods, all these indicated thatthe current circumstances the legal relationship between theChinese government and farmers have not yet completely straightenedout, how to improve the present situation is still a long way togo before the government functionsPartⅣ: the legal duty of the government to protect the rightsand interests of farmers deletion causes. Why are thereproblems?This trend decline in the status of farmers as.awhole, we consideronly the farmers accused the Budget itself is unrealistic. So theanalysis is the first to bear the legal duties of the governmentwhich does not inappropriate. The government exercised its legalduties in the social and public interest objectives are neglectedand the government to exercise its legal duties in a mannerinconsistent with the law. Farmers from various strata of thecommunity outside the government's attitude has affected thegovernment's right to bear their legal responsibilities arepossible reasons.PartⅤ: Improving the legal duty of the government to protectthe rights and interests of farmers. Should be based on the law,specifically to protect the legal rights and interests of thegovernment and the farmers, improving governance concept Refinementand strengthen the government assumed the duties authorized by lawto make it more in-depth understanding of the rights and interestsof farmers. Further improve the social status and legal status ofthe farmers is necessary.
Keywords/Search Tags:Responsibility
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