Study On The Legal Dilemma And Countermeasures Of Peasant Organization

It is a common practice to let peasants organize themselves in forms of organizations tocarry out activities, which has been adopted by many countries to optimize the structure ofrural governance and promote the modernization of agriculture. Peasant organization has twoadvantages: on the one hand, it can build a bridge between peasants and the governments,which can help them better understand each other. On the other hand, it can become a carrierfor peasants to participate in the market economy, which can finally promote peasants’incomes and the development of the agricultural industrialization. With the gradualdevelopment of independent consciousness of peasants, many peasant organizations havesprung up like mushrooms in the vast area of our countryside, which plays an important rolein protecting the peasants’ rights. However, due to the insufficient supply of legal systems inour country, the development of peasant organizations is facing a deep legal dilemma, whichseriously hinders the normative and orderly development of peasant organizations. Withtheoretical frame work of subjectivity theory, this paper discussed the necessity of legalprotection of peasant organization. Then the author analyzed the legal dilemma faced bypeasant organization in China, referred to the experiences of the legal protection of peasantorganization abroad and in Taiwan and finally proposed some countermeasures to solve thoseproblems. This paper aims to refine the legal system of peasant organization, promote theprocess of peasant organization and facilitate the solution to “three agricultural” problemswhose core is to protect the peasants’ rights.Besides the introduction and conclusion, this paper is composed of four parts.The first part is a general introduction about legal protection of peasant organization,which includes two aspects. First, the author discusses the general content of peasantorganization, which includes the conception of peasant organization and the classifications ofpeasant organization according to different standards. Second, the author analyzes theimportant role that peasant organization plays in guaranteeing the subject position of peasantswith functional analysis method on the base of subjectivity theory, hoping to provide valuebasis of legal protection for peasant organization.The second part mainly discusses realistic predicament of legal system of peasantorganization in our country. First, the author analyzes the present problems in the developing of peasant organization, and then concludes that the imperfection of the legal system is themajor reason which leads to the serious dilemma faced by peasant organization in our countryaccording to the theory of institutional change. Second， the author concludes the specificmanifestations which show the insufficient legal system of peasant organization in ourcountry，and further points out that the missing of subjectivity of peasants in the legislativeconcept is the basic reason that leads to the unsoundness of legal system of peasantorganization.The third part gives a brief introduction to legal protection for peasant organization in theUnited States, Japan, and Taiwan. Then the author concludes the general experience oflegislation about peasant organization, hoping that the experience can act as a reference toimprove the legal protection system for peasant organization in our country.The fourth part provides many countermeasures for improving the legal protectionsystem of our country’s peasant organization. The general idea is to bring the subjectivityvision into the construction of legal system about peasant organization in our country, and tomake an effort to construct a legal system for peasant organization which can protect peasants’subjectivity and subject position. The specific improving measures include: further improvingOrganizational Law of Villagers Committee, promulgating The Peasant Association Law,establishing peasant association, improving the relevant systems and regulations of thespecialty cooperative organizations of peasants, and amending Social Organization RegistersManagement Regulation.