农民宪法主体性的确立与农村改革的宪法指引

三农问题是影响我国社会发展的关键问题之一,而历年来解决三农问题的一系列措施并没有取得预期的效果.农民的自主选择权、农民的宪法主体性地位均未得到足够的尊重,农民成为被城市化、被赶上楼的客体说明农民宪法主体性的缺失与私权的贫困.无论出于社会发展的整体战略构想,还是宪法上人权保障条款的要求,都需要对传统的思路和实践加以检讨,确立农民宪法主体性之地位与财产权.十八届三中全会所提出的城乡发展一体化,为“三农问题”问题的解决注入了新的精神元素和价值目标,提出作为手段而非目的的新型城镇化及其宪法指引.

THE ESTABLISHMENT OF SUBJECT OF FARMER ON CONSTITUTION AND THE RURAL REFORM

The three rural issues are the key problems affecting China＇s social development. However, over the years a number of measures to solve these problems have not achieved desired effect. Instead, the farmers＇ right to choose independently and the subjective position on Constitution of the farmers did not get enough respect. The farmers become the object of city--they were kicked upstairs ; their fights and interests have also suffered losses in different degree. Therefore, both for the social development of the overall strategic concept, and the requirements of protection of human rights, we need to review the traditional ideas, and only after the injection of new mental elements, the ideas of building new towns would get the real practice.