A New Way on Protecting Farmers' Land Rights:the Fundamental Right Perspective

The purpose of the paper is to provide a new way for protecting the land rights of farmers.Methods employed include deduction,empirical and comparative analysis.The results indicate that farmers have the land rights for the sake of using the land,which include not only the economic rights of land,political rights of land,social rights of land and cultural rights of land,but also the procedure rights of land administration.The basic natures of farmers' land rights determine that farmers' land rights belong to the nature of public law.So it is not the task of private law to safeguard farmers' land rights.It is concluded that in order to safeguard farmers' land rights effectively and accomplish the task of protecting cultivated land in our country,it is necessary to treat the farmers' land rights as fundamental rights.