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Study On Legal Protection Of Migrant Workers Rights And Interests

Posted on:2013-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y H SongFull Text:PDF
GTID:2246330374980004Subject:Marxism in China
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Along with the continuous progress of the reform and opening-up process and thedevelopment of urban and rural economic structure changes, this special group ofmigrant workers is growing, the difficulties faced by migrant workers in cities andmore and more prominent, they labor in the cityhumble economic interests, politicalinterests gradually marginalized, lack of social security rights and cultural andeducational rights of injustice. The issue of this series, has caused widespread concernin government and society. Security reasons for the lack of rights and interests ofmigrant workers in many aspects, such as the concept of discrimination, institutionalobstacles, imperfect laws and regulations, as well as migrant workers and low quality,etc. But among the many other factors, the protection of migrant workers’ rights legalsystem defects and deficiencies in the institutional causes of these problems. Therefore,the legal mechanism should be constructed to protect the rights of migrant workers tobuild a harmonious society important part of the legal system. Guidance of DengXiaoping Theory and "Three Represents", implement the scientific concept ofdevelopment, in accordance with the constitutional principle of "the state respects andsafeguards human rights", the perspective of rural migrant workers, in-depth System ofChina’s economic transition, social transition adapted to protect the rights of migrantworkers, legal system, designed to protect migrant workers to share reform anddevelopment outcomes, long-term mechanism for safeguarding the legitimate rightsand interests of migrant workers groups, to maintain social and political stability, theCPC Central Committee proposed building a socialist harmonious society the strategicgoal is to have a very urgent practical significance.Theoretical system of Marxism, migrant workers, the main line to the protectionof the rights of migrant workers, to build and improve the rights of migrant workers thelegal protection system for the final goal of systematically analyze and explain therights of migrant workers protectionthe legitimacy of a profound understanding of theurgency of the legal protection of migrant workers ’rights, the importance of rationalinterpretation of the legal protection of rights of migrant workers the need for accurateperspective in all aspects of legal protection of migrant workers’ rights, an objectiveassessment of the value of the legal protection of the rights of migrantworkersenlightenment.From the theory with the practical point of view, the evolutionand historical trajectory of the system inspected the new era of migrant workers’ rightsprotection principles and policies, the paper is divided into three parts:The theoretical interpretation of the first part of the protection of the rights ofmigrant workers. This part is the premise to examine the protection of the rights ofmigrant workers, protection for the rights of migrant workers to do the necessary preparation and foundation. History of the Chinese rural migrant workers’ protectionpolicy for the vertical clues, and the background to show the protection of rights ofmigrant workers. Interpretation of the theoretical basis of the Protection of the Rightsand Interests of Migrant Workers in the transverse direction, reflects the legitimacy ofthe policy evolution of the protection of migrant workers’ rights and the protection ofmigrant workers rights.The second part of the migrant workers’ rights to protect the status quo. This ispartly the lack of protection of migrant workers’ rights and the reasons for the lack ofsystem, summarized in a comprehensive manner described, the basis of the legalprotection of the rights of migrant workers. The status of migrant workers rights andinterests summed up the humble labor economic interest, political rights and interestsof marginalized, lack of social security rights and interests, cultural and educationalrights of injustice. Summarized the reasons for the lack of rights of migrant workers,the concept of discrimination, institutional obstacles, the imperfections of the laws andregulations and farmers working their own factors.The third part, build the countermeasures of the system of legal protection ofmigrant workers’ rights. This part of this article focuses on the core part, respectively,from the three major aspects of the legislative measures, administrative and lawenforcement countermeasures and judicial measures discussed every aspect of thesystem exposition of the rights of migrant workers legal protection of specificmeasures. in the area of administrative law enforcement, the Government shouldestablish the protection of farmers workers’ sense of responsibility, to increase therelevant administrative law enforcement, improve the social policy of the protection ofthe rights of migrant workers, to build a multi-level, three-dimensional protection ofthe law enforcement system of the rights of migrant workers; in the administration ofjustice, the judicial protection of the rights of migrant workers its special significanceand its own characteristics, and accordingly proposed a series of legitimate rights andinterests of the protection of migrant workers justice responses, such as updating thejudicial concept of efficiency of the proceedings, improve the judicial assistancesystem of migrant workers and labor dispute settlement mechanisms, set up thechannel of migrant workers legal aid effectively protect the rights of migrant workersfrom the judicial level.The legal protection of the rights of migrant workers fundamentally to achieve themaintenance of the legitimate rights and interests of migrant workers, migrant workersto better integrate into the process of urbanization, long-term social stability, conduciveto the construction of a harmonious socialist society.
Keywords/Search Tags:migrant workers, migrant workers’ rights, rights and interests ofprotection of migrant workers, legislation, administrative law enforcement, judicial
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