中国农民权利平等保护的新进路

当前农民问题主要袁现为农民贫困，而农民贫困根源于权利贫困。要使农民权利真正得到平等保护，必须跳出“身份”陷阱，凸显“权利”话语，因为公民身份的发展演进始终伴随着“歧视”、“不平等”意蕴，而公民权利则更多彰显自然法的理性与平等精神。强调从公民身份到公民权利的路径转化，是对从“不平等”到“平等”进路的关注。基于农民的弱势地位，农民权利平等保护需要从形式迈向实质，应废止城乡“二元”法律制度，完善农民权利体系，对农民实行合理差别补偿，拓宽农民权利救济渠道，并确保救济的有效性。

A New Approach to the Equal Protection of Farmers' Rights in China

The main issue about farmers is the poverty which is rooted in the poverty of rights. The true equal protection of farmers＇ rights must be achieved by jumping from the ＂ identity trap＂ and stressing the discourse of ＂right＂ because the development of citizenship has always been accompanied by ＂discrimination＂ and ＂inequality＂ while civil rights highlights natural law＇s spirits of rationality and equality. Stressing the transition of the approach from citizenship to civil rights is to concern the approach from ＂inequality＂ to ＂equality＂. Considering the vulnerable position of farmers, the equal protection of farmers＇ rights should be changed from formal equality to substantive equality, the ＂dual＂ legal system of urban and rural should be abolished, the system of farmers＇ rights should be improved, a reasonable difference in compensation to farmers should be implemented, the channels of the remedy for farmers＇ rights should be expanded, and the timeliness and effectiveness of relief should be guaranteed.