The Research On The Legal Status Of Farmers’ Associations

"Farmers are really hard, farmers are really poor, and agriculture is really dangerous." These thirteen simple words deeply reveal this situation that the development of rural economy in our country is slow, farmers’ life is impoverished and agricultural base is weak. In1996, economic management science Dr.Tiejun Wen formally proposed "Problems about agriculture, countryside and farmers ". Since then it has been quoted by the media and official. In2001,"Problems about agriculture, countryside and farmers" was introduced by official documents, and formally became to be the terminology which the theory circle of our country and official decision-making layer are often used. In2003,"Problems about agriculture, countryside and farmers" was formally written in The Central Committee of the Communist Party’s Work report. Since2004, The CPC Central Committee and State Council’s "Document number1" put "Problems about agriculture, countryside and farmers" as the core. It fully reflects our Country’s concern and attention about "Problems about agriculture, countryside and farmers"."Problems about agriculture, countryside and farmers" is one of the core problems of Chinese modernization developing. It includes the problems of agriculture, the problems of countryside and the problems of farmers. Their foundation is "farming". Its essence is three respects of a problem, there are many close relations between them. We must research it from the overall. The essence of "Problems about agriculture, countryside and farmers" is the problem of farmers, and the essence of the problem of farmer is the problem of farmers’rights. Farmers’rights are fully protected is the fundamental of the agricultural development and the countryside construction. This protection needs the support of whole society, especially needs the farmers’organizations support that represents the interests of farmers, such as cooperatives, various professional associations, human rights organizations, social organizations and Farmers Association. Countries and Areas of the contemporary world who have developed agriculture all have farmer association without exception. Farmers’association of our country has long history. In the transition period of the social development of our country, some Farmers’ Associations to protect the rights and interests of farmers have been established. Many scholars put forward various views and suggestions for Farmers’Associations to solve the problems of the development of Farmers’Association. This article aims to study the legal status of Farmers’Association in order to provide legal support for the future development for Farmers’Association, and promote the healthy development of the socialist harmonious society. So the title of this article is 《The Research on the Legal Status of Farmers’ Associations》, the overall layout is as follows:The first part, the Summary of Farmers’Association. Firstly, scholars have different views and opinions about the concept of farmer. They define farmer from the occupation, residence, place of residence and so on. The definition of farmer in this article is based on the comprehensive standards. Secondly, in this article the definition of Farmers’ Association draws lessons from Dr. Guo Shu perspective about Chinese farmer organization classification in his article which is called 《on the problems of Farmers’ Association and the Freedom of Association of farmers》.Then, the article expounds the basic characteristics of farmers’ Association. Lastly, the article analysis the Farmers’ Association’s and the Village Committee’s role and function in our countryside.The second part is the development course and the status of legislation of domestic and foreign Farmers’ Association. Firstly, the development course and the status of legislation of our country Farmers’ Association have five stages of development. The end of Qing Dynasty, in the early Republic of China, during the period of the great revolution, government of the Republic of China period, the founding of new China to the reform and opening up front, after the reform and opening up. The government has formulated relevant laws, regulations and policy documents for Farmers’ Association. The nature of Farmers’ Association is constantly changing. Secondly, the development course and the status of legislation of foreign Farmers’Associations include Europe, the United States, Japan and so on. In these country Farmers’Associations’ system is very perfect. They not only protect the national farmers’ interests in domestic trade, but also to protect farmers’ interests in foreign trade.The third part analyses the legal status of Farmers’ Association of our country. There are two angle analyses about the legal status of Farmers’Association, including constitution theory basis of Farmers’ Association and the legal basis of Farmers’ Association. The former includes the theory of civil society theory, theory of socialist democracy, the theory of limited government in the constitutional theory. They are the social basis in contemporary China, political foundation and the constitutional government of Farmers’ Association. The latter includes the legal status Farmers’ Association in China’s current legal system. There are four main points, including citizens’ freedom of association rules in constitution, legal person rules in the civil law, on the registration of social organizations, the farmer organization of specialized legislation.The fourth part Construction the legal status of Farmers’ Association. Firstly, this part explains the realistic possibility to Construction the legal status of Farmers’ Association. Our government officials, representatives of the National People’s Congress, jurists have proposed to reconstruct the Farmers’ Association. This makes the Farmers’ Association’s legal status keeping with the political development of China’s direction. The Party Central Committee put forward construction new socialist countryside in the 《eleven five plan outline recommendations》. Farmers’ Association is in line with the requirements. Farmer association can guarantee the farmer’ economic rights and interests, to safeguard its autonomy in production and management, equal trading rights; private property is inviolable, national trade interests. In the reality basis, put forward compose to build farmer association legal status of specific measures, establish《farmer association law》, the law should include: general condition, establishment and registration, membership, organization, financial management system, legal liability, supplementary articles such as part of. At the moment also proposed to further improve the guarantee of farmers’Association’s judicial system to consolidate the farmer association legal status.