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The Security of Farmer’s Constitutional Rights in the Construction of the New Rural

Author: MaMaoLei
Tutor: ChenBoLi
School: Chongqing University
Course: Legal
Keywords: The new rural Farmers Constitutional right System guarantee
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 34
Quote: 0
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Abstract


Compared with the city, the development of our country’s rural is very slow, even stagnates in a stage. Especially in recent years, between urban and rural areas, the gap has intensified largely. Due to insufficient investment in rural infrastructure, education and culture develop in a low speed, because of the social security in a small coverage and low level, it cannot meet the farmers’ demand. Since the reform and opening up, a lot of surplus rural labor force began to go to the cities in order to find jobs, bringing a lot of cheap labor for the city’s development. Along with this tend, more and more migrant workers’wages and rights suffered a lot, causing the constitutional rights of migrant workers are also in a great loss.As the security of citizens’fundamental rights, our constitution clearly specified citizens’the basic rights, such as equality, elect, personal freedom, education, labor and social security rights and so on, through its ultimate authority to safeguard. Legally speaking, Farmers in China are one part of the citizens, and enjoy all of the rights naturally; their constitutional rights can not be optional assault. Since 2005, the party central committee and the state council timely submit the construction of socialism new countryside, determine the policy of the construction of the new countryside: "production development, living bounteous, local custom civilization, and village neatly, management democracy", pointing out the direction for the new rural construction and farmers.Based on the theme of the constitutional rights of farmers, in China since the founding, this article mainly analysis the safeguard of farmers’current constitutional rights and its reasons, then combines with actual constitutional rights safeguard putting forward some concrete and effective measures. Article totally includes four parts, the first part analyzes the historical background of China’s rural construction, pointing out its important historical significance. The second part is about legal theory of farmers’constitutional rights, discusses the meanings of farmers and farmers’constitutional rights, utilizing that constitutional rights can restrict national legislation, judicial power, and administrative power. The third part is very important in this paper, the author talks about the importance of the construction of socialist new countryside. Taking the farmers’ political rights, economic rights and education rights and social security for example, expounds farmers’current situation of constitutional rights, authors also put some new conducts in rural construction which have recently emerged. And points out that the inadequate of farmers’constitutional rights, introducing that the main reasons lie in the lack of political participation deficiencies and farmers system designing problems (legislation and the household registration system), rural grassroots self-governing system weakened and farmers legal equality lack of consciousness. The fourth part puts forward some specific measures in order to improve farmers’ constitutional rights. Including reconstruction farmers, government relations, building a service-oriented government; establish and perfect consideration.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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