Farmers The Right To Development Under The Constitutional Dimension Of Research

In the first year of the Eleventh Five-Year Plan, the party central committee has sounded the horn of the construction of new socialist countryside. To realize the farmers'equal status of rights subject and promote the farmers'comprehensive and free development abilities is the premise and ultimate value target. Therefore, as the real main body of new countryside construction, the farmers should fully perform their rights to development. This will play a key role on the problems about agriculture, rural areas and peasantry, which is also the value target and necessary requirement to new socialist countryside. The realization of farmers'rights to development is a complicated, multi-level and long-term progress. We can response the sound and fast development through a progressive method, which can eliminate the system obstacle. It requires us to stand at the height of constitutionalism, to confirm and protect the farmers'rights to development, and foster the farmers'capacities on this basis, which will make the farmers achieve substantial development conditionally and capably. The full text is composed of four parts, which conducts a systematic analysis and study through a constitutionalism perspective.The first part is about the basic theories of the farmers'rights to development. The rights to development have experienced a historical development process, from rudiment to confirmation, and then to further development. We will define the rights to development as follows: The rights to development is a basic human right which all individuals, collectives and states comprehensively, balanced and sustainably develop through participating, promoting and enjoying mutual space-time. We can comprehend the rights to development in four aspects. First of all, the rights to development are a basic human right. Second, from the view of main body, the right to development is a personal right as well as a collective right, which means the unity of personal right and collective right. Third, from the view of the current rights to development, it means the rights of the subjects develop comprehensively, balanced and sustainably in policy, economy, culture and other aspects in society. Finally, from the aspect of the right performance process, the right to development is the unity of subject participation, development process promotion and the equal enjoyment of development consequence. The farmers, who were seen from the view of census register, can reflect the real social status and conclude the whole part of the farmers in our country. Therefore, the so-called farmers in China mean a group which has the largest number. Association with the urban and rural dual social structure which was represented by registered residence system, the farmer means people who were in addition to who has urban registered residence. The farmers'rights to development indicates the basic human rights, which each individual and farmers'group owns to participate fairly, to promote economic, social, cultural and political development process and to share the achievement justly.The second part makes a constitutional analysis on farmers'rights to development. The concrete expression is the relationship between farmers'rights to development and human rights, the democracy and rule by law. The farmers'rights to development should be a principle human right. But it is very different from farmers'other human rights. They are indivisible and interactional, which constitute the human rights system the farmers'share. Democracy plays a constructive role in the realization of the farmers'rights to development, and vice versa. The rule by law works importantly in protecting the realization of the farmers'rights to development, that is, in the principle of equity and fairness, to give the farmers special human rights protection through the distribution of social resources by public power, or through creating conditions, removing obstacles or other methods to give the farmers special protection.The third part analyzes the current situation of farmers'rights to development in our country, which is the poverty of the rights. The main reasons are as follows: in urban and rural systems, the reason is the binary model which the urban and rural were organized respectively; in the law system, the reason is the legal lack of the farmers'rights to development; in the social protection, the reason is the lack of the survival protection; in the conception, the reason is the slackness of the farmers'rights concept; in the social organization, the reason is the shortage of the farmers'organization ability.The fourth part proposes that we should protect the farmers'rights to development. First of all, the rule of law to protect farmers the right to development, we should write the right into the constitution, which will provide a foundation to the protection. Second, establish a rights and benefits expression mechanism in the protection of the farmers'equal participation in the development. Third, abolish the current census register system, realize the free migration, and break down the urban-rural dual structure. Forth, confirm the farmers'land property, strengthen the input and assistance of agriculture, and maintain the economic basis of the farmers'rights to development. Fifth, reform the social protection system, establish and complete the rural social protection, and admit the farmers into the social protection system. Finally, promote the rural compulsory education level, and complete the rural education system.