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对农民依法维权现状的调查显示,农民法治意识薄弱、农民畏法厌讼观念的改观有限、农民对法律认识的错位、农民维权成本过高、农村法律体系不完善以及司法公信力在农村的缺失等,共同构成了中国农村法治建设的困境。从现实角度来讲,经济的发展对推进法治的进步有重要意义、受教育水平和年龄因素对法律意识的影响明显以及普法宣传和法律援助对农村法治建设有极大的促进作用;就历史角度而言,“三农问题”在政治生活中的地位、儒家传统文化在农村地区的深远影响、农民对法律认识的变化以及农村生活方式的改变对法治的推进起到潜移默化的影响。农村法治的建设,受政治、经济、文化、教育等众多因素的影响,其提升需要从历史和现实两个维度全面推进。
A survey of the status quo of peasants ’safeguarding their rights according to law shows that peasants have a weak awareness of the rule of law, limited awareness of peasants’ fear of legal aversion, peasants ’misunderstanding of legal awareness, excessive cost of peasants’ rights protection, imperfect legal system in rural areas, and lack of judicial credibility in the countryside , Together constitute the dilemma of the rule of law in rural China. From a practical point of view, the economic development is of great significance for promoting the progress of the rule of law. Obviously, the influence of education level and age on law consciousness and the popularization of legal literacy and legal aid have greatly promoted the construction of rural rule of law. From a historical point of view In terms of the status quo of the “Three Rural Issues” in political life, the far-reaching influence of Confucianism and traditional culture in rural areas, peasants’ changes in understanding of law and changes in rural lifestyles have a subtle influence on the promotion of the rule of law. The construction of the rule of law in rural areas is affected by many factors such as politics, economy, culture and education. Its promotion needs to be promoted in an all-round way from the historical and realistic dimensions.