On The Protection Of The Migrant Workers' Right To The Contracted Management Of Land

The emergence of a large number of migrant workers is a prominent phenomenon in China's social and economic developing process. Because of its relatively weak position and the great role in economic development, the migrant workers are drawing more and more attention from the scholars; lots of academic works have been published concerning the protection of the migrant workers'rights. However, most of those academic works are concerned about the protection of the migrant workers'rights in the cities, little attention has been paid to the migrant workers'equally important land rights. This paper tries to change this situation by studying the migrant workers'right to the contracted management of land. For the migrant workers, the right to the contracted management of land is very important, because the migrant workers are still farmers, they can not leave the land permanently. While at the same time, the right to the contracted management of land is difficult to exercise, because the migrant workers do not make their living by farming. Before they leave their land for the city, they have to handle this right properly, so in many cases the land is not a right but a manacle. It is this feature that makes the protection of the migrant workers'land rights different from the ordinary farmers, hence requires for special studies. Based on previous research results, this paper is trying to figure out the weak points of the current legislations which protect the migrant workers'right to land, and then some advices will be given. This paper is developed by analysis and inductive reasoning methods. In addition to the introduction and conclusion, this paper can be divided into three parts. The first part concerns the relevant legislations about the migrant workers'right to the contracted management of land. It is found that the existing law protects the migrant workers and the ordinary farmers'land rights almost in the same way, except that some individual provisions have special meanings for the protection of the migrant workers'land rights. The second part analysis the problems in the current legislations, finding that the main reason for these problems is that the legislators do not pay enough attention to the differences between the migrant workers and the ordinary farmers. The third part tries to give some suggestions for the purpose of improving the protection of the migrant workers'land rights.