Study On Legal Problems’ Protection Of Famers’ Equal Rights

The No.1Document of the Central Committee of the Communist Party of China has been focusing on "three rural issues"(the issues of agriculture, farmer and rural areas) for several years. Every year our nation introduces many new policies to strengthen agriculture and benefit farmers and invests a large a mount of fund which keeps increasing annually. However, the results are not satisfying. Farmers not only have trouble in realizing their claims, but also have no ability to resist the violation of their rights from the nation (laws, systems, policies). The root of these problems lies in the loss of equal protection and deficiency of constitutional rights of farmers. Human rights, or we say the basic constitutional rights, has been designed to resist the country since its existence. But duo to the systemic discrimination against agricultural issues, the "three rural issues" can not develop smoothly. Only the application of constitution between private subjects arouses people’s respect and expectation of institution, can the rights of farmers be protected efficiently and fundamentally. This thesis discusses using legal safeguard to protect equal rights of farmers in five parts.The first part illustrates the equal rights of farmers by analyzing the current situation and the significance of equal rights of farmers. The second part starts in the introduction of the notion of the equal rights of farmers. It shows that it will take a long period of time to solve the problems of equal rights of farmers; it needs the process of deposit and accumulation. What’s more, the equal rights of farmers evolve and develop in the effects of constitution. So I think the equal rights of farmers suit the rules of constitution. Individual have the rights of demanding help to resist the nation, and this means that farmers have the same right in the thesis.The third part develops a thorough and profound analysis of the equal rights of farmers from several of dimensions. It talks about the political rights, economical rights, educational rights social guarantee of farmers etc. in recent times and it also analyze the tendency of each right.The fourth part is where the focus lies. In this part, the problems of deficiency of legal protection in many fields will be put forward:first, the orientation of the basic rights of constitution results in the lack of legal theoretical basics for farmers’rights. Second, the stagnation of the construction of laws results in the deficiency of legal safeguard of farmers. Third, the inequality in economic rights causes the deficiency of basis of farmers. Fourth, the political inequality makes farmers’ social position baseless. Last, the social inequality leads to the insufficiency of social support.The final part of the thesis is also the core of the thesis. It not only brings forward the idea of how to improve the legal system of equal rights of farmers, but also raise the conception of whole thesis to a higher level:first of all, set up a new model between equal rights of farmers and the effects of basic constitutional rights. Next, carry out the principle of national treatment on farmers in legislation and judicature. Last, bring out proper policies in each field.