Peasant Workers Problems And The Transition Of Legal System

The tide of peasant workers has been increasing since the implementation of the Reform and Opening-up Policy. On the one hand ,the tide has contributed to the economic development ,the floating of population between cities and countries, the changes on social structure .On the other hand ,the tide of peasant workers has displayed many social problems, which have challenged the present state system. Social science has made a lot of deep research on the social problems. The problems of peasant workers have been a recent focus in the field of sociology. In the field of Jurisprudence , the research has been made from the aspects ,such as equality and the freedom .There is little research on the general influence of the problems of peasant workers. On one hand , this thesis is expected to be a try on it in order to induce others to put forward valuable opinions ,and on the other hand ,to supply a new reference on the resolution of the peasant workers problems and the transition of Chinese legal system. The tide of peasant workers has brought a lot of social concerns. For instance, they are limited in employment. It is very difficult for Migrant children to be educated. The crime question has appeared in the peasant workers crowd. There have been a large amount of disputes between peasant workers and employers. Yet ,we must realize that these problems are only the representation of deeper social crisises. We must solve these social crisises. With that, peasant workers problems could get abundant settlement, and our society can smoothly the social transition. Since the founding of the state 40 years ago , especially after the Third Plenary Session of the Eleventh Central committee of the CPC (1978), the legal system of China has been perfect gradually. In rights and interests protection of the peasant workers , though labour law and contract law have more perfect regulations, there are still a lot of defects. They have led to the fact the legal system has encountered the predicament on peasant workers problems. For example, the present labour law denies fact work relation , which have impaired the rights and interests of peasant workers . On Chinese current settlement system of labour dispute , there are a lot of drawbacks . They are unfavorable to the settlement of the labour disputes . In China's current social security system, there are lack of the regulations on peasants even peasant workers. The fact that peasant workers don't have social security has caused a lot of social dangers. During the process of solving peasant workers problems, the administrative enforcement of law has played a very important role. It displays that means are coarse and crude ,such as the problem of administrative omission and irregular emforcement . Because of the diffuculties of execution and too much cost , judicial remedy has become a kind of remedy within sight but beyond reach. Peasant workers problems have brought a large number of social disputes too. The peasant workers often solve the dispute in illegal way . Due to the limitation of current system , in the crowd of peasant workers subject's culture may be probably duplicated, and mob culture may also be produced . We must recognize that deeply. There are many profound reasons for the legal dilemma on peasant workers problems. At first, dualistic construction in society and economy has caused unequal treatments between the urbanite and peasant between town and country .Though peasant workers work in city ,but they only can get the treatment as peasants. Secondly, the urban governments still have a lot of precautions against them. Some local governments are inclined to highly integrate with the benefits of capital. And the power and responsibility of the central authorities and locality are indeterminate. Finally, I think the fact that the rights and interests of peasant workers has heavy relation the situation of peasant workers. The tide of the peasant workers has very great facilitation to rule by law toChina's ruling with law. It is a new access to China's ruling by law. I think the tide has promoted the development of legal system ,especially the reform of domiciliary control system and the forming of the legal aid system. On the other hand , the tide has changed the country foundation of China's traditional legal culture, and has very great influence on Chinese law culture .But this kind of influence is plural . The legal subculture of three kinds of completely different peasants have been formed . These are citizen's culture, subject culture and mob culture .As to its passivity , it is necessary offer the essential society support to peasant workers in order to promote the forming of their modernity. Because the thorough settlement of peasant workers problems must depend on the change of dualistic construction which takes quite long period, the problems will exist within a very long time. The legal system should promote it from two respects of system and idea as soon as possible . We wish the "peasant workers "become a historical noun as soon as possible .