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农民权利系农民基于城乡二元制度所定位之农民身份而享有。农民的身份性也为今天给予农民权利以公法保护提供了客观基础。公法具有不可消解的内部张力,这是推动公法发展的内在动力,也是公法之所以能够为农民权利提供与社会发展相适应的法律保护的原动力。宪法的静态规制功能是赋予农民权利以平等保护的前提,行政法的动态调整功能是给予农民权利以倾斜性保护的条件;农民权利的享有和行使是宪法的价值追求,其享有和行使的程度是行政法价值的体现。
Farmers’ rights are enjoyed by peasants based on the identities of peasants located in the dual system of urban and rural areas. The identity of peasants also provides an objective basis for giving peasants the right to protect public law today. Public law has an indelible internal tension, which is the intrinsic motivation to promote the development of public law and is also the driving force behind which public law can provide legal protection to farmers’ rights in line with social development. The constitutional statutory regulation function is to give peasants the right to equal protection of the premise, the dynamic adjustment of administrative law is to give peasants rights to tilt protection conditions; the enjoyment and exercise of peasants’ rights is the value of the pursuit of the Constitution, its degree of enjoyment and exercise It is the embodiment of the value of administrative law.