Legal Protection Of Farmer’s Rights And Interests Under The View Of The Constitution

Farmer-owned interests in land belonging to a property, should be strictly by constitutional and legal guarantees, a person may not unlawfully infringed. Due to deny peasants private ownership of rural land in China, farmers land rights and interests mainly as a usufructuary right to contractual operation right of rural land and homestead. Peasants land rights cannot be fully realized, focuses on rural land circulation is limited, not only to limit farmers land rights, also led to land trading market could not be established in rural areas, rural land market prices do not fully discovered, which the public authority’s illegal violations of farmers land rights to provide further possibilities. Therefore, the legal protection of farmer’s rights and interests is not so much a matter of private law, as it is a matter of public law or constitutional issues, there is a need in the constitutional perspective study on the legal protection of farmer’s rights and interests.Given this, paper to rural land circulation as analysis point, discussion has Constitution perspective farmers land interests legal protection of insufficient and the perfect recommends, main is divided into following four a part:first part is introduction, introduction part main account has research background, and research content, and research method and innovation views,as research work of beginning; second part is Constitution perspective farmers land interests of nature defined. This section analyzes the types of peasants land rights, combined with the property Act provides for the analysis of the connotation of peasants land rights proposed rights of peasants land rights are civil in their appearance, but should belong to citizens ’property in nature, should be treated as the fundamental rights of citizens; the third part is the peasants land rights from the perspective of the Constitution legal reason to implement barriers. This part main analysis has farmers land interests achieved obstacles of legal causes, proposed Constitution level no will property as citizens basic right, and Constitution and legal no confirmed farmers of land property and lower method on farmers land property especially farmers on land right of disposition right of not reasonable limit, is farmers land interests achieved obstacles of legal causes, and caused has rural land idle, and waste, hinder urbanization process, serious consequences; IV part is Constitution perspective farmers land interests of legal guarantees. This section proposes strengthening legal protection of farmer’s rights and interests from a constitutional perspective, the right to property should be classified to the basic rights of citizens in the constitutional system, farmers land property rights confirmed by the Constitution and laws. The law on property rights, the law on rural land contracting, and the law on land management rather than for circulation of rural land, such as setting unreasonable restrictions should also create conditions for the circulation of rural land, encouraging the circulation of peasants land rights, playing the role of the market in the allocation of land resources in rural areas.In addition, the guarantee of peasants land rights still needed to guard against illegal violations of public power, we should strengthen the construction of administrative collection due process, strict interpretation of the public interest perspective, standardizing administrative levy the right to run.