Protection Of Farmers’ Rights Jurisprudence Interpretation

The essence of the farmers’ problem is the problem ofthe protection of farmers’human rights. The core content of this thesis is how to make sure that there are laws to goby and the laws must be observed for the protection offamers’ rights and make the farmers’rights get effective protection. The legislation for the protection of farmers’ rights and theamendment of relevant laws are consistent with the value orientation of human rightswritten in constitution, and are also the elements of building a harmonious socialist society.In order to implement the farmers’ rights and interests, there are new requests for theParty’s ability to govern and government’s management level. From the point of currentlegislation situation, the farmers’ rights and interests in our country have encountereddisregard and violation to some degree.Facing up to the present condition of shortage ofthe farmers’ rights and interests, exploring the reasons andtaking effective measures is thetop priority. This paperanalyses the legal principle of the protection of thefarmers’ rights,and makes law construction suggestionsto perfect the protection of the farmers’ rightscombining the present condition of the framers’ rights.Except for the introduction and conclusion, this topicwill discuss it in four partsaccording to the researchachievements acquired inland in details.The first part is to start from the basic scope of the farmers’ rights. It includes thespecial connotation ownedby the farmers as the subject of rights and the content of theprotection of the farmers’ rights. Only definite the farmers is a part of the disadvantagedgroups can it provide premise and foundation to continue to research why protect and howto protect the farmers’ rights more deeply. Firstly, analyze to define the farmers’ rightsfrom their identity. The farmers have special expressions andfeatures as the disadvantagedgroup, and this sows the seeds of analyzing the reason of shortage of the farmers’rights.Secondly, analyze the content of the protection ofthe farmers’ rights. Start with thefarmers’ basic human rights, the contents of the rights that the farmers should enjoy and bevalued divide into three parts. They are the right of being treated equally and respectedfrom the surface of human rights, the right of the farmers as citizens should have and theright of the farmers as the disadvantaged group being valued.The second part is to discuss the legitimacy and value of the farmers’ rights fromthe point of legal point analysis. Firstly, the article focuses on the value of law to analyzethe protection of the farmers’ rights, including the value of human rights, the value ofequality, and the value of freedom. Human rights are the theoretical basis of the rightsenjoyed by farmers. The enjoyment of farmers’ rights is based on the dignity as aperson.Everybody is the subject of human rights. Human rights itself should be the basicvalue and purpose of human beings, but not the method to achieve any other aims. Theessence of human rights is freedom and equality.Secondly, the analysis of farmers enjoyed the right to have the basis of legality andrationality. Finally,the farmers get confirmationon living state and social status.The third part is to expound the problems and the reasons of lack of rights existing inthe farmers’ rights with the methods of sociology of law research method,literatureanalytical method and real evidence analyticalmethod. Firstly, list the problems of thefarmers’ rights with the method of empirical analysis, and discuss it interms of politicalrights, economic rights, social rights and cultural rights. Secondly, analyze the reasons oflack of farmers’ rights from historical perspective, their own point of view and the view ofsystem.The fourth part is to discuss how to complete andperfect the legal system of theprotection of farmers’rights. First of all, talk about it from legislation level. Firstly, toestablish special "Law on the Protection of theFarmers’ Rights and Interests" and thearticle lists the main content. Secondly, perfect the wage priority systemof the migrantworkers. Thirdly, cancel the dual household registration management system of cityandcountryside and reform the household registration systemof city and countryside. Next,discuss how should thestate administrative organization and judicial officepreserve thefarmers’ lawful rights and interests with the correct administrative authority from the levelof law enforcement and administration of justice. Finally, protect the farmers’ rights fromother relieve approach. For example, establish violation of the constitution query system.The aim of violation of the constitution query system is to regulate and control the statepower from examining and judging the violated farmers’ rights, thelaws and regulationscontrary to the constition andadministrative act ineffectiveness and to direct the statepower action into the orbit of rule of law, thereby to protect the farmers’ rights from statepower. It can also solve the farmers’ problems appropriately from perfecting settlementmechanism of the farmers’ issueand so on.