Research On The Social Rights Of Urban Migrants

In China,there is always a social phenomenon that the population is moving from countryside to cities and people are migrating from underdeveloped areas to developed areas.The scale of population mobility and migration has been increasing for 40 years of reform and opening up.The new urbanization construction started in 2016 in particular has speeded up farmers' migration to cities subjectively and objectively.The key of urbanization is the people other than the things.It refers to the localization of migrant people,which is also the citizenization of farmers.The urbanization in China has developed so quickly that it has surprised the world.However,it also brings about some hidden troubles.When the administrative goals are advanced efficiently,the overall establishment of legal framework concerning the social governance is neglected.The policy-based measures taken for migrant farmers or rural-to-urban people's “settling down and seeking jobs” fail to analyze and guarantee the migrant farmers' right to survive,live and develop in a long run.Although the household registry reform and the residence certification system have eased the migrant farmers' treatment differences,the residence certification system can't help farmers to join cities and citizens fundamentally.The household registry reform also can't solve the settlement difficulties in big cities and megacities.After the Interim Regulations on Residence Permit(hereinafter referred to as Interim Regulations)was implemented officially in 2016,citizens who applied for the residence permit of cities where they lived still can't enjoy the same treatment as city residents due to their household registration.All kinds of important interests concerning their survival and development haven't been correspondingly guaranteed by law,and even have been sacrificed because of some “development goals”.This group still lives on the edge of cities,so the“urbanization” of individual or group is faced with many difficulties.With regard to these difficulties,the academic circle is giving up the salutations such as “migrant workers” or“migrant population”.Instead,they propose the concept of “city immigrants” as a way to guarantee the rights of people entering cities.The city immigrants is not only a new concept,but also an increasingly clear representation of the interests of a large number of population ?farmers migrating to cities will not return to countryside any longer or can't go back to the countryside(their land is expropriated.).Therefore,the right and system which can guarantee their survival and development are extremely important.It is because only the legal rights and guarantees can end up as a stable and safety system to ensure the “urbanization” of population migrating to cities.Social rights as the basic right of citizens cover all kinds of important interests related to citizens' survival and development.Given the “semi-urbanized” contradiction of city immigrants,what the city immigrants lack is the legal guarantee of these basic rights.In accordance with the requirement of new urbanization construction,the social rights guarantee of city immigrants plays an important role in economic,legal and social aspects related to the urbanization of immigrants.It is a legal way to promote city immigrants to join the city effectively.However,the important function related to immigrants' social rights guarantee is not widely accepted and highlighted.The current guarantee situation in immigrants' right to employment,right to education and right to material assistance is far from satisfactory.It is obviously inconsistent with high rate of urbanization.There is still a big gap in employment opportunity,vocational training,children's education opportunity and condition,and the social guarantee to realize citizens' rights to material assistance(medical,housing and social insurance).There are many reasons for this gap.From objective perspective,it is because the social rights guarantee needs lots of resources to be invested in and the overall guarantee can't be achieved in a short time.From subjective perspective,it can't be neglected that the legal system is insufficient.The“absence of basic rights”,the household registration system and its collateral interests still play a role in controlling the population.The lack of special legislation for city immigrants leads to the insufficient social rights guarantee.The direct consequence of such lack is that the new urbanization lacks “people-oriented” core spirit.The urbanization advancement always depends on the policy rather than the difficulties of the law and deep integration between immigrants and cities.If the original source is sought,the urbanization of “human beings” depends on the support of rights and guarantee of legal system.The social rights guarantee of city immigrants includes two aspects such as legislative guarantee and judicial guarantee.First of all,it is necessary to establish the social rights guarantee from the legislative level comprehensively.There are many articles describing the social rights in the constitution of China.There are 19 terms in 7 articles totally in which the social rights are set forth in the general principle and Chapter?about the basic rights and obligations of citizens together with articles about the national basic tasks in the preface and the general principle of the constitution.The constitution in our country has specifically stipulated the subjective and objective bodies,contents,guarantee principle and national obligations of citizens' social rights.These stipulations are the basis and legal framework of social rights guarantee.In order to establish the social rights guarantee system,the interpretation function of the social rights articles in the constitution should be first given full play to.It can lay a standardized foundation and establish a system framework for city immigrants' social rights guarantee.The urbanization in our country has promoted a large number of people to migrate to cities.However,their basic interests such as survival and development are not guaranteed by any special legislation.It not only is inconsistent with the principle of rule of law and the guarantee of human rights,but also has a negative effect on these people's “urbanization” transformation.Therefore,in consideration of the priority value of fundamental rights guarantee,the creative principles of law and regulation as well as the practical need of urbanization,it is necessary to establish a special legislation.The content of such special legislation should be confirmed on the premise of indicating the principle of equality and science with regard to the rights guarantee together with the existing administrative regulations and practical experience.Any right without remedy is not a right.The city immigrants' social rights should be guaranteed correspondingly through judicial method.Although the justiciability of social rights is discussed by the theoretical cycle till now,the corresponding case can always be found in the judicial practice.In accordance with the provisions of International Covenant on Economic,Social and Cultural Rights issued by the United Nations(hereinafter referred to as Covenant on Economic,Social and Cultural Rights),the guarantee contents and degree of each right are progressive in a stepped way.The right contents and corresponding obligations of government listed in the Covenant and its general comment present different levels of rights guarantee and the obligations of government at different levels.It can be subject to different judicial review benchmark which refers to the strict scrutiny,modest review and reasonable review.The judicial review benchmark,as the city immigrants' social rights,should provide the restraint,judgment and reference to the local legislation,administrative standard documents and specific administrative actions of government.The city immigrants' social rights guarantee is an important component of the urbanization advancement.The immigrants' urbanization transformation needs to meet the principle of human rights guarantee and rule of law.On the other hand,different guarantee standards need to be established in order to satisfy the benign interaction between rights and economic development.Finally,the legalization and modernization of new urbanization construction can be realized.