The Research On Peasants’ Freedom Of Association

At present, almost all of community organization has its own formal and legalorganization which not only effective integrate and express the interests of variousmembers of society and safeguard their organization rights, also perform theirfunction for supervising the government and influencing the government policyformulation and improving their organization discourse right as a whole. And nothingbut the vast majority of the country’s total population, in the most vulnerable positionof the farmers are not organized, the lack of their own national legal advocacyorganizations, farmers without their own free society organizations and even more laxand difficult to aggregate, their rights also in a damaged state, which is thefundamental reason of China’s "Agriculture, Countryside and Peasants" issuesemergence and persistence. Therefore， peasants is the real main body in China”countryside and the core for “Agriculture, Countryside and Peasants issues is theexistence and development of human beings, also peasant’s problem, and then themost essential for peasants’ problem is famers’ rights. Peasants’ rights protectionneeds the support from the whole society, especially rfom Peasants’ organization.Association as the instinct social behavior is basic survival way since the existence ofhuman beings. In the course of the development of human society, associationinevitability rise from a social activity to a legal right. Freedom of association is abasic right for people established by modern constitution, so the peasants’ rights forfree assembling should be protected, and basically, it is to establish the rights of thepeasant associations.In order to ensure the peasants’ rfeedom of association, establish and developpeasants’ associations, and improve the systematization of these associations in China,the fundamental way is perhaps to give impetus to institutional reform and innovation.Through combing the developing course of China’s peasant associations andinvestigating the practice of contemporary peasant associations, a number of issuesabout the practice of China’s peasant association can be detected with respect to legalcharacter and legal status ambiguity, chaotic self-development and governance,ambiguous division between government and association, and objective deviation.The reasons causing these issues are multi-leveled. There are cognitive reasons,conceptual reasons, systematic reasons concerning legislative and governing institutions and judicial safeguard. In order to fundamentally ensure peasants’legitimate rights and interests being earnestly respected and realized, and peasants’enjoying full and equal economic rights, political rights, social rights and culturalrights, it is essential to promote the legalization of peasants’ rfeedom of associationthrough changing traditional ideas and understandings, improving the legislation forsafeguarding peasants’ rfeedom of association, reforming the current associationgoverning institution and promoting judicial safeguard for peasants’ freedom ofassociation.