Research On The Protection Measures For Rights And Interests Of Migrant Workers Based On Government Responsibility

Since Reformation and Opening, there are tens of thousands migrant workers in our country flocking to the cities from rural areas and the forces are continuously growing. According to the current data released by National Bureau of Statistics in 2009, it shows that the national totals of migrant workers are 22,978 million. This includes 14,533 million migrant workers which increase by 3.5% compared to 2008. However, in early 2010, in some economically developed areas of our country such as Pearl River Delta, Yangtze River Delta and other economically developed provinces, serious "labor shortage" phenomenon still are happened. To analyze the reason, although-economic recovery after the financial crisis increases the demand for migrant workers which migrant workers return home for other employment and entrepreneurship, The essential reason lies in the lack of attention from government for the guarantee of the rights of migrant workers and no enough funds are spent and the lack of some governance responsibilities protecting the rights of migrant workers and then them interests are harmed and thus to result in a shortage of migrant workers in various parts of the country. In this paper, Taking the perspective of government responsibility as the Breakthrough Point, based on the status of the lack of various interests of migrant workers, to analyze the reason that rights and interests of migrant workers can not get effective protection and elaborate the connotation of government responsibility and the theoretical basis of migrant workers rights protected by government and analyze the system defect in the protection of migrant workers rights by government and the deviation of governmental management and put forward that the government should change management thoughts and models and recommendations reforming and improving the system, and with the implementation of these recommendations, to improve the status of the lack of Rights and Interests Protection for migrant workers.The value of this paper is to explore the method that the Government effectively protects the rights of migrant workers, by the improvement of the system, especially the reform of household registration system, and the transition of government's own management philosophy and mode to effectively protect the rights of migrant workers. At present, under the background of our country frequent occurrences in group event and livelihood Safeguard to the people in first, the measures for improving gradually migrant workers rights are deeply researched. This can not only improve the economic living standard of migrant workers and their social status and social stability, but also be helpful of the economic construction transforms at this stage and promote further economic development, construct socialistic harmonious society.The research methods adopted in this paper mainly include documental method and the method of institutional analysis. Based on reviewed literatures and our field study, the status that rights and interests of migrant workers are infringed is investigated and the shortage of the Government's responsibility in the protected rights and interests of migrant workers is analyzed. And the starting point from which to explore how the Government protects the rights of migrant workers and improves the managed system. This study is on the basis of the idea that government, as the system-makers and policy performers and service providers, has the obligation and responsibility to full play the function of the public authority and take on the Government Responsibility which part the government must do, and not to push the question of the guarantee of the rights of migrant workers to the enterprise, to the society. The main place of innovation of this paper is to adopt the latest data of 2009 to analyze the protected conditions of rights and interests of migrant workers, combined with the survey by author in the factory at the border of Fujian and Zhejiang, and explain the seriousness of missing rights and interests of migrant workers, and show that the Government must be in a dominant position in the protection of rights and interests of migrant workers and the institutional change, policy making, capital investment should further massive tilt to the migrant workers.The rights and interests of migrant workers include economic, political, cultural, educated, social security and other rights and interests. The lack of protection of these rights and interests affects not only the most basic survival of migrant workers, but also enables poor and weak to be further aggravated and prone to cause further inequality, even is not conducive to sustainable economic development and social long-term stability. By the elaboration of the meaning of government responsibility, the Theoretical Analysis of the rights and interests of migrant workers protected by government and its Analysis on the Necessity, it is known that there exist mainly deficiencies of both system and management in the side of the government for the protection of the rights and interests of migrant workers and the government, as the system-makers and policy performers and service providers, should play a leading role, fulfill government responsibility, reform related system and improve the concepts and models of government management. Currently, the local governments have been paid highly attention on the issue of migrant workers and are initiative to take on the government responsibility for migrant workers, but for the Institutional Handicaps damaging to the rights and interests of migrant workers and long-rooted defects of the government management of itself, the change is very small and the effect is limited.Because the issue of rights and interests of migrant workers is a major problem in the process of economic and social development currently and it covers a wide range of subjects, it is only analyzed from the perspective of the government in this paper, and does not involve the factors such as enterprise, society and migrant workers themselves and so on. Secondly, for the conditioned restrictions, during the field work by the author, it lacks more extensive data collection and analysis and the result of the investigation are more general. All of those shortcomings in this paper will be research tasks in the future.