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。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对宪法合理性的证成,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. The constitutional function of static regulation 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 conditions of protection; enjoy and exercise of peasants rights is to prove the constitutional rationality, and its enjoyment and The extent of exercise is the embodiment of the value of administrative law.