【作者】 王育民；

【导师】 蒋新苗；

【作者基本信息】 湖南师范大学 ， 国际法学， 2009， 硕士

【摘要】 我国是一个农民大国,农民问题是关系到和谐社会、和谐世界构建的大问题。但是,在社会生活实践中,农民权益却经常受到侵害。尤其在现阶段,面对土地征收、民工返乡、贫富悬殊等一系列问题,农民权益的保护受到了更严峻的挑战,在众多的农民权益中,其中农民土地权益、就业权益和社会保障权益对农民权益的保护起着关键的作用。农民之所以在我国还处于弱势群体地位,主要是保护农民权益的法律制度设计不合理,甚至在一些领域还存在立法空白。因此,进一步完善以土地权益、就业权益、社会保障权益为代表的农民权益保护法律制度成为客观必然。在农民权益保护法律制度构建中,美、英、德、日等西方发达国家给我国提供了很多可借鉴的经验。这些国家在农地所有权、农地使用权、就业调控、就业平等、医疗保障、养老保险等方面的立法已比较成熟,他们从农民权益保护是一种平等权、社会保障权与发展权出发,通过立法和司法实践对农民群体权利进行确认和保障。比较研究这些国家的立法历史和现状,对比分析其在农民土地权益保护、农民就业权益保护、农民社会保障权益保护的立法内容,可以给我国农民权益保护法律体系的构建和完善提供新的思路,从而逐步构建具有中国特色的农民权益保护法律体系。更多还原

【Abstract】 China has large numbers of farmers, and the problem on the farmers is a big issue that is related to build the harmonious society and the harmonious world. However, in the practice of social lives, the farmers’ rights and interests are often infringed. Especially in the present period, there are a lot of problems about farmers which appear in the Land Expropriation, the process of peasant-workers returning home, the great social disparity between the rich and the poor, and so on, the protection of fanners’ rights and interests have been more severe challenged. In all kinds of farmers’ rights and interests, the protection of farmers’ rights and interests on land, employment, social security is the key point.The reason why the farmers are still in the position of vulnerable groups in our country, is that the legal system of protecting the farmers’ rights and interests, is designed unreasonably, and even there are still gaps in legislation in some areas. Therefore, it is inevitable and objective to further improve the legal system for protecting the farmers’ rights and interests, which is represented by land rights and interests, employment rights and interests, social security rights and interests.In the construction of farmers’ rights legal protection system, the United States, Britain, Germany, Japan and other Western developed countries provide our country with a lot of experience. Their legislation on the right to ownership of agricultural land, the right to agricultural land use, employment regulation and control, employment equity, health insurance, pension insurance and others, has become more and more perfect. Based on the protection of farmers’ rights and interests is a right to equality, social security and the right to development, they identify and protect the rights of farmers through legislation and judicial practice. Making comparative study the legislative history and current status of these countries, and analyzing their legislative contents on protecting farmers’ land rights and interests, employment rights and interests, social security rights and interests, can give some new suggestions to build and improve our country’s relevant legislation on protecting farmers’ rights and interests, and gradually build the legal system with Chinese characteristics.更多还原