Legal System Of Rural Anti-poverty Research

Impoverished is a chronic disease in human society history , which is bora from the human society. At this point, in human civilization highly developed today, impoverished still like the spirit to twine. As a developing nation, in a world population most countries, our country's impoverished question appears prominently. Specially in the general country sides area, the natural environment badly enables quite many part of populace with the system environment fetter also to live in is impoverished, but also struggles in the impoverished whirlpool. But this kind of impoverished phenomenon existence had reflected from another latitude the entire social structure and the system construct the flaw, is the legal system is unreasonable, the imperfect product. Therefore has the possibility, also has the necessity to study from the legal angle, to analyze the countryside impoverished question, specially need of economic law to analyze the countryside impoverished question,.This article take the impoverished concept limits as connection, regarding impoverished, the countryside as impoverished and it is the reason to make the thorough discussion, and thought the law was the countryside impoverished basic safeguard and the most superior choice, then in view of our country countryside present situation, from the confirmation law right, the reform law system, the innovation legal framework three latitudes has made new constructure to the countryside counter- impoverished legal framework. Speaking of the structure, this article altogether divides into three parts:The first part regarding was impoverished and the countryside has impoverished made the preliminary limits, and exerted oneself has discussed the reason which the countryside impoverished produced. This article believed, because the counter- impoverished research is one countermeasure very strong application social sciences research, that the impoverished concept is but evolves unceasingly along with society's development. But in a word, impoverished may induce for lackingthe basic material life material or cannot achieve at that time, the local average living standard also lacked the development ability, which could not obtain legal effective relief in one kind of survival condition. Based on this foundation, this article in profited from the domestic and foreign newest research results and based on the foundation to discuss the countryside impoverished and its the weight standard, proposed the countryside impoverished standard was not suitable all at once. Then, in order to cause the later word, the author have pointed this part talked about the countryside impoverished origin, and the author broke through in the traditional legal science research to impoverished to have the reason to make the bamboo fence merely which the system reason inquired about, described the reason from a social economy development deeper level which impoverished produced. Believed that, the countryside is impoverished, is a product which the reproduction is blocked,. It includes the nature reproduction to be blocked and the economical reproduction specifically is blocked and the society reproduces is blocked The countryside must realize the counter-impoverished goal and must drive out anti- reproduces the development actually all sorts of factors. Then, how can realize this goal? Why also the countryside counter- impoverished way chooses? This article has made the discussion regarding this in the second part.The second part discussed the countryside counter- impoverished way choice issue. In this part, author namely directly soars the subject, made proposed own viewpoint, namely: The law is the countryside counter- impoverished basic safeguard and the most superior choice. In order to prove this viewpoint, the author from sociological, the economic, the law philosophy three angles has analyzed the law successively in counter- impoverished center which is possible to the vital role: Says from the sociological angle, the law is the important method which the society controls, which also is the most effective method .The right law may while strengthen to the society control, the promotion society's coordination, the healthy development, but in thecoordinated health society, counter- impoverished is i should have meaning; Says from the economic, the system was already considered as talent, the technology and by chance three equally important economical development cornerstone. But the law is the system most typical manifestation without doubt, thus it is the economical development important power inevitably, which is the counter- impoverished sharp weapon. The modern social just law idea requests us through the legal form, pursues the fair just legal order and the survival order, goes with impoverished to wage the struggle. At the same time, the author also believed, because the countryside counter- impoverished goal needs to realize through the national moderate effective intervention, because the countryside counter-impoverished legislation value pursue is society's essence. And the countryside counter-impoverished related law system must belong to the economic rules and regulations the category.The third part of center, the author attempts to construct a perfect countryside counter- impoverished legal framework. First, the author thought the counter- impoverished legal framework constructs first step must be the confirmation general impoverished farmers' basic right, including political rights and economical right. The political rights including the villagers autonomy, freely moving the power and the equal protection power. Economical right universal property rights, independent right of management and fair rights exchanged. The right system consummation and the right transport does smoothly is the most basic safeguard which the farmer escapes from poverty. Next, the author thought currently our country implements s laws and policy itself have its question .Finally, this article attempts in the system foundation which has further to realize the countryside counter-impoverished system innovation, counter- impoverished provides the broader system support for the countryside. The author believed that the countryside counter-impoverished system innovation first lies in the countryside human capital development system the innovation, governs poorly governs first simplemindedly , by the legal form confirmation country in thecountryside human resources development and in the human capital investment duty, by the legal form confirmed and the standard education investment market will provide the formidable intelligence support for the impoverished countryside development. But the agricultural production organization's institutional innovation, the agricultural cooperation organization legal status confirmation is the countryside counter- impoverished system innovation another luminescent spot. In this article the system innovation last is the farmer benefit maintenance mechanism innovation, the author believed, only then from the system acknowledged the farmer political organization's existence validity, and entrusts with widely its participates in government, discusses the political power, can cause the farmer to participation truly to in the national decision-making process, can enable farmer's right fundamentally to obtain, the practical effective maintenance, can finally realize the countryside counter- impoverished goal.