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The Study On Equitable Sharing Reform Achievements With Farmers From The Perspective Of Economic Law

Posted on:2015-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhongFull Text:PDF
GTID:2296330467959975Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China has obtained remarkable achievements since its reform and open thirty years ago. Chinese President Hu jintao put forward in2004"To make the fruit of development benefit all the people". The report to the Eighteenth National Congress of the Communist Party of China once again stressed the achievements of development to be shared "fairly and more often". While rich development achievements are gained, it is increasingly likely for the achievements of development to be shared unfairly. The farmers’ rights and interests guarantee is the important content of fair share of the reform achievements. Economic Law takes society as the standard, paying attention to maintaining socioeconomic benefits for the whole, both the economic interests of the society, as well as the social parties who determine the legislation protecting the interests of farmers. Economic Law’s unique rules and practices provide farmers with direct and concrete protection. To legal students researching economic law (and all people in China), the science of economic law plays a big role in strengthening the economic legal system construction, maintaining the socioeconomic order, and promoting economic and social development. Therefore, this paper analyzes the troubles of farmers regard such reform achievements from the angle of economic law.This article includes five parts. The first part analyzes the background and significance of the selected topic, research method and thesis structure of this paper, as well as the definition of related concepts. To further discuss system construction of fairly sharing the achievements of the reform by the farmers, it is a necessary to understand the concepts and current situation of fair share. The second part explains in detail the judgment standard of the achievements of the reform, and it also reveals the connotation and history of equitable share. Then, the current situation and problems in fairly sharing the achievements of the reform by the farmers are analyzed from six aspects of most closely related to the interests of farmersThe author thinks that, generally speaking, each legal department and legal subject has their own characteristics and advantages in fairly sharing reform achievements. If the law departments cooperate properly, the adjustment of the whole social relations could be achieved, and finally the value target of law could be realized. The adjustment of Civil and Commercial Law and Economic Law play a most important role in the process of farmers’ fairly sharing the achievements of the reform. But it is limited for the Civil and Commercial Law taking the interests of the individual as the standard getting involved in the fair share. This part of the paper makes a foreshadowing in the following statement of the legitimacy of Economic Law getting involved in fair share. The limitation of Civil and Commercial Law specifically behaves in three aspects the coordination between fairness and efficiency, intra-generational fair and inter-generational fair, as well as government in the inaction. The fourth part further expounds the theory of Economic Law under the view of justice. Based on the above, the fourth part, which further discusses the fairness under the vision of Economic Law, analyzes the relationship between the forming of Economic Law and the fairness, and fairness in the reflection of Economic Law.The last chapter of this paper, which is the key part, introduces the basic principles of Economic Law involving in fair share. Then, safeguarding the interests of farmers as the starting point, it discusses the concrete reflection on system for the Economic Law getting involved in a fair share of the farmer interests’ protection. The necessity in the perspective of protecting farmers’ interests lies in a huge amount of current total agricultural population in Mainland China. But the legal protection specifically aiming at farmers’ rights and interests is still absent. This part discusses respectively the Economic Law getting involved in the interests of the migrant workers, rural social pension, rural medical cares, farmers land benefit, as well as the investment of rural public goods and agricultural prices. And it puts forward some suggestions and ideas in the flaws and insufficiencies of the system.
Keywords/Search Tags:Reform Achievements, Fair Share, Farmers’ Interests, EconomicLaw
PDF Full Text Request
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