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谢伏瞻
    中国社会科学院学部委员,学部主席团主席,研究员,博士生导师。历任中国社会科学院院长、党组书记,国务院发展中心副主... 详情>>
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李培林
    男,汉族,出生于1955年5月,山东济南人,博士,研究员,全国人民代表大会社会建设委员会副主任委员,中国社会科学... 详情>>

    Farmer Rights Status in China

    摘要

    The Law of Agriculture of the People’s Republic of China was revised on December 28,2002 at the 31st Conference of the Ninth NPC standing committee and was enacted from March 1,2003. This newly revised Law of Agriculture has added in a new chapter that is Chapter 9 which is concerned with the protection of farmers’ rights and interests. It is a landmark event,which for the first time bring the protection of farmers’ rights and interests into jurisprudence.It is nearly three years since the implementation of the new Law of Agriculture. This study is done under such circumstances. The research questions are designed with regards to the contents in Chapter 9,aiming to find out the status of its dissemination and implementation and to provide references for drafting Law on the Protection of Farmers’ Rights and Interests and perfecting other relevant laws. This study covers four levels,namely county,township,village and farmer household respectively. The interviewees are the staff from county agricultural enforcement institutions,township governments,village committees and ordinary farmers.Rights-based development approach is applied in this study. This approach is different from that of needs-based one. Rights-based approach considers development as rights of the farmers,and believes that governments and law enforcement officials should be responsible for farmers and fulfill their duties. Human beings are taken for the main body of development by the rights-based approach. The needs-based approach regards development as charity and welfare activity and human beings as the object and target of development. This study has adopted development studies tools,which include problem tree,stakeholder analysis,institution interview,case study,scoring and ranking,etc. In field survey,these tools help to communicate with different groups in a short period to acquire rich and diversified information.This study tries to have a wider coverage of China with the purpose to reflect the status of farmers’ rights and interests in different regions and under different living conditions. The sites for this study are Jilin Province in North China,Shandong Province and Shaanxi Province in Middle China,Fujian Province,Hunan Province and Guizhou Province in South China. Fujian Province and Shandong Province represent rich regions,Hunan Province and Jilin Province as the common level and Shaanxi Province and Guizhou Province as the poor regions. As the purpose of this study is to know the dissemination and implementation of Chapter 9 in the Law of Agriculture on the protection of farmers’ rights and interests,and the rights and interests mostly stated in the items are economic ones for farmers who are engaged in agricultural production,the field survey is done in 60 villages of 24 townships whose dominant industry is agricultural production. There are 628 valid questionnaires gained.Among the 628 interviewed farmers,males account for 69.9% and females 30.1%. For the farmers’ level of education,80% of the interviewed are graduates of junior high schools or below that level. Of those who graduate from junior schools or even higher education,the proportion of males is higher than that of females. The interviewed farmers are in the ages of their 20s to 70s. Among them,15.5% interviewees are from poor households,66.6% of middle living standards and 18% from rich. The farmers are either engaging in agricultural production or leaving the field but remaining in the rural area,among which 77.3% are dealing with planting and breeding,5% are village cadres,19.2% are dealing with transportation service or doing business,and only 2.4% doing work for others. <<
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    Abstract

    The Law of Agriculture of the People’s Republic of China was revised on December 28,2002 at the 31st Conference of the Ninth NPC standing committee and was enacted from March 1,2003. This newly revised Law of Agriculture has added in a new chapter that is Chapter 9 which is concerned with the protection of farmers’ rights and interests. It is a landmark event,which for the first time bring the protection of farmers’ rights and interests into jurisprudence.

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