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农村税费改革制度的推行以及村委会选举制度和农民选举权、受教育权等各项基本的宪法权利的实现情况均折射出宪政问题,都是当前最民众化和国情化的重大问题。宪政是以共和、民主、人权为要素,强调对国家权力规范的民主政治形态。对于我国这样一个七成人口是农民的国家而言,在农村中渗透宪政理念,建立农民的公民权意识,在现行制度的推行中实现对农民基本的宪法权利的保护,是宪政理论的实践意义所在。本文在国内法学界对于宪政问题的关注的学术背景下,抓住国家西部开发和“三农”保障的政策热点,力图在宪政范围内给西北农民权利问题寻找一个宪法上的权源。
The implementation of the rural tax-fee reform system and the realization of basic constitutional rights such as the election system of the village committee and the rights of the peasants to vote and to receive education all reflect the issue of constitutional government. They are all the major issues that are currently the most popular and nationalistic. Constitutionalism is based on the elements of republicanism, democracy and human rights and emphasizes the democratic political form that regulates state power. For a country like China whose population is 70% of its population, it is the practical significance of constitutional theory to penetrate the concept of constitutional government in rural areas and establish the awareness of farmers’ rights to citizenship. The realization of the basic constitutional rights of peasants in the current system is implemented . Under the academic background of the attention paid by the domestic jurisprudence to the constitutional issue, this paper seizes the policy hotspot of the development of the western region and the safeguard of “agriculture, rural areas and farmers” and seeks to find a constitutional power within the framework of constitutionalism for the peasant rights in the Northwest.