Study On Protecting Of Right And Interest Of Migrant Rural Workers'

Migrant rural workers' are the product of the rights and interests non-equivalences in the dualistic structure of urban and rural areas.The Country And The Party always pay attention to them, and more new legal policy protecting the rights and interest of migrant rural workers' made it better. And it is necessary to study the protection of rights and interest of migrant rural workers' for there are new features and problems in the claim and protecting of rights and interest of them in the new era.The logic structure of this paper are as follows:first, migrant rural workers'rights and interests hierarchy was constructed on the basis of the Maslow's hierarchy of Need Theory, and took it as analytical clue to study the problems and factors influencing the protection of rights and interests of migrant rural workers'. And it will practically state the methods of protecting migrant rural workers'rights. The paper starts as rights and interests of employment, survival security, political dignity and development and self realization of the migrant rural workers',Analyses actuality and problem of government,company etc.protecting four rights and interests of migrant and rural workers',explores the factors of subject of protection influencing their behavior.And then discusses the method on protection of rights and interests of migrant and rural workers'.the protection of rights and interests of migrant and rural workers'covers more fields, so this paper elaboration of chapters centers around protecting of rights and interests of migrant and rural workers', and illuminates two points of rights and interests hierarchy and protection subject.This thesis consisted of five chapters.The first chapter is introduction, mainly expounding the background, the research goal and the significance, dynamic review of domestic and foreign research, research ideas and methods and the innovations and disadvantages of the thesis. The second chapter is the theoretical foundation, extending the concepts, such as farmer, workers and city residents, migrant rural workers'and the rights and interests.It is logical starting point of full paper on discussing protection of migrant rural workers'rights and interests.Then it codifies the theory of rights, justice theory,demand theory,the theory of government function and Taoism philosophy,and provides the theoretical support for the next analysis.On the basis of the Maslow's hierarchy of Need Theory,the thesis constructs the four levels of migrant rural workers'rights, And put forward government,company, Civil Society and migrant rural workers themselves as the protection subject,and takes them as the analysis frame of third chapters and the inner leads of other chapters. The third chapter analyzes status quo on the migrant rural workers' employment and survival rights and interests, safeguarding rights, political rights and self-development rights, and the problems in protection from such subject. The paper thinks that it is improved that overall protection of the four rights and interests of migrant rural workers, but there are difficulties of protection rights in these respects of salary, occupational Safety and development,etc.The fourth chapter analyzes five aspects impacting migrant rural workers' rights and interests which have not been protected effectively from the law, government, market, NGO media and city residents and migrant rural workers themselves.The paper points out that,in all elements affecting protection of migrant rural workers'rights and interests, law is regarded as the institutional factors, the government as the organizational factors, market as the economic factors, NGO, media and public as social factors, migrant rural workers' themselves as internal factors. The fifth discusses the ways to protect the rights and interests of migrant rural workers from the main body of legal system, government and social force. The fifth discusses the gradual train of thought and principle to protect the rights and interests of migrant rural workers at the present stage, and profound the ways of protection from the main body of legal system, government, corporation, social force and migrant rural workers themselves.First,improvement of rules should builds the basis for protection of rights and interests of migrant rural workers'with revising original constitution and the census law on the establishment of legal system protecting migrant rural workers'rights and interests, perfecting labour law,trade union law and Employment Promotion law,etc. Second, the function of government protecting rights and interests of migrant rural workers should be strengthened.the chapter thinks that government should protect migrant rural workers' employment with giving play to the government economic function, protect rights of social security of them with enhancing policy spread, strengthen the function to administer business and permit right relieved by migrant rural workers' themselves to protect their labour rights, pay attention to the service function to protect their rights of development and family safe, reform system protecting their political rights.Third,enterprise should give rights to migrant rural workers' forwardly with the idea of people oriented, and build base for migrant rural workers' through human-based management. And civil society should protect migrant rural workers'. NGO should promote migrant rural workers' organization themselves to protect their rights, media can take shape atmosphere of protection of rights and interests of migrant rural workers' by reporting public news and leading public talk. Migrant rural workers' themselves as the inner factor of protection should have the modern idea and create the foundation of protection by strengthening social capital, study law forwardly, acquiring technology.The conclusion of this thesis points out that it will mean migrant rural workers'is to be the end as a special group produced by the perplexing historical problem if protection of migrant rural workers'rights and interests is fully realized. They will have the dignity and decent in their work, study and life, enjoy a truly equal civil rights both in city and in country.The innovation of this thesis is:(1) It builds the hierarchies of migrant rural workers' demands for rights and interests from the four aspects of employment and survival, social security and safety, political rights and dignity, development and Realization of self, that is fromMaslow's theory of hierarchy of needs. And it demonstrates that the demands of rights and interests of migrant rural workers'is a gradual process and continue to expand with the age of progress. At the same time it is a framework to analyse the status and problem of protection of migrant rural workers'rights and interests.(2) This paper study protection of rights and interests of migrant rural workers'with Taoism philosophic thinking of accordance with its natural tendency and govern by doing nothing that goes against nature.Most literature studying rights and interests of migrant rural workers' take western sociology and political science theory as all research tool.The author think Chinese traditional philosophy have equal power to explain and guide protection of rights and interests of migrant rural workers', so this paper is innovative taking taoism idea as explanation tool.(3) This paper takes the civil society as one path of solution to migrant rural workers'rights and interests problem, its subject include corporate, media, the public,NGO and the migrant rural workers' themselves.It is few that the civil society is as the protection path of migrant rural workers' rights and interests with the whole opinions, which is innovation based on the previous researches.