我国农民平等权利法律保障:回顾、反省与前瞻

Reviews and Prospects for Legal Protection of Countrymen's Equal Rights in China

保障公民权利是建设法治国家和法治社会的核心要求。在我们这个农民人口占绝大多数的国度内,农民权利的法律保障无疑是法治建设不可回避的问题。遗憾的是在这个问题上,无论是理论界还是在实践中人们都关注不够。新中国成立以来,关于“三农”问题的立法不仅数量与农民人口不成比例,而且立法的层次也较低,多数是一些政策性的文件和法规。就是在这些文件和法规中,农民权利和义务的规定也是极不对等的。而且,在现行的一些法律规定中,尚有许多与城市居民相比不平等甚至是歧视性的规定。为缩小乃至最终消灭城乡差别,必须从制度上建构对农民权利的法律保障。

Guaranteeing the citizens＇ rights is vital in constructing a state and a society that are ruled by law. As the countryside people occupy an overwhelming majority of population in our country, the legal protection of their rights is assuredly an unavoidable issue in the construction of a legal state. Unfortunately, less attention is paid to it both in theory and in practice. Since the founding of China in 1949, the legislation concerning the issues of agriculture, countryside and peasant has been inappropriate to the population of countrymen in number, and been laid at a rather lower level in the whole legal system, that is, mostly being policy-- related documents and regulations, of which, respective clauses of rights and duties are extremely unequal. Besides, in some laws, unequal and even discriminatory articles about rural people can be found in a large amount in comparison with urban residents. To shorten and eventually eliminate the differences between city and countryside, an institutional system must be established in respect to the legal protection of countrymeffs rights.