对治理"三农"问题的宪政思考

"三农"问题的形成有其深刻的宪政原因:宪政理论的非本土化与实际国情的冲突导致"三农"在国家现代化战略中的缺位;失误的宪政变革导致中国农民与现代化绝缘;宪政值取向的扭曲导致中国社会由农民社会向市民社会过渡的进程大大延缓.解决"三农"问题的宪政之路在于把"三农"问题入宪,确立其在国家宪政战略中的应有地位,制定完整的涉农法律体系,全面保障农民的自治权、受教育权、司法救济权、自由发展经济权、农地权、产品自由流通权、经济服务权、财务金融权、独立的私有财产权、政治权、迁徙权、社会保障权、社会人格权等等,确立违宪审查制度,避免立法、执法、司法及行政行为对"三农"利益的损害,切实保障农民的经济利益和民主权利.

A Constitutional Approach to the Three Agricultural Problems

The underlying cause to the "Three Agricultural Problems" (TAPs) is the constitutional government: The conflict between the non-localization in the constitutional government theory and the actual situation of China has caused the TAPs in the national modernization drive. The errors in the constitutional government reform has isolated the Chinese farmers from modernization. The distortion in the value of the constitutional government has delayed the progress in the transition from the farmer society to the citizen society. Solution to the TAPs lies in the constitutional revision concerning the TAPs. Priority should be given to the TAPs in the national constitutional government strategy. A complete agricultural law system should be developed to guarantee the farmers' autonomy, their right of education and judicatory alms-receiving, their freedom in economic development, in their produce circulation, and in their changing of residences, their land ownership, their right of economic service, political and financial affairs, private possessions, and social security, and their human right, etc. A system of constitutional supervision should be introduced to guarantee the farmers' economic interest and democratic right in legislation, judicature, and law-enforcing.