On Legal Guarantee Of Peasant-Workers' Social Security Right

For a long time, the group of peasant-workers in our country has been placed in a dilemma in which they are repelled and compelled to be admitted by the society, and their rights and interests have been continuously drifting away to the boundary zone of legal safeguard. The peasant-workers have made tremendous contribution for the development and construction of the city, but actually they cannot enjoy the same social security power as city dwellers do, they cannot seek effective relief way when their rights and interests encounter violation, which has inevitably led disadvantageous influence to the society. On the basis of summarizing the existing research results, this article carries on a thorough analysis on the problem of social security default to the peasant-workers, and it also discusses the realization mechanism from the entire process of legal operation.In this thesis, the first part elaborates the connotation of peasant-workers and its social security right. The peasant-workers are the working people who enter the cities from the countryside to be engaged in the non-agricultural occupation, but still own the household register status of peasant. The social security right is a kind of basic right to citizens. The international convention gives confirmation to the social security right, to which every countries' constitution has performed stipulation by concrete articles. The social security right of peasant-workers has the general characteristics of social security right.The second part carries on an empirical study on the present situation of the peasant-workers' social security in China. Beginning with the concrete case, this chapter analyzes the prominent problems in the three aspects of the peasant-workers' social security, social welfare and social relief.The third part investigates the reasons for the social security default to the peasant-workers in our country. The objective factors at legal level mainly include: the imperfection of legal framework, the excessively low level of legal effect, the limited subject of rights, the inequalities of rights and the lacking of effective ways to realize the peasant-workers' social security right. The subjective factors include: First, the deviation of social fair idea causes inequality to the peasant-workers' social security right. Second, the group of peasant-workers is in an inferior state in the process of long-term social benefit gambling, so they have to give up their own speech initiative, and become the victim in benefit gambling. Third, the national treatment default to the peasant-workers has become severe pain in their heart, which fully manifested the serious problems in our country's society and humanities environment. The fourth part discusses the realization mechanism of the legal safeguard to the peasant-workers' social security right from the entire process of legal operation. The legal safeguard to the peasant-workers' social security right is a systematic engineering involving a complete process of legislation, law enforcement and judicature. In this chapter, the first section, beginning with the formulation of related law and the unification of social security standard, demonstrates the feasibility of the international convention in the domestic law; the second section, which consists of the optimization of management system and the normalization of administrative enforcement of law, elaborates the implementation mechanism to strengthen the legal safeguard to the peasant-workers' social security right; The third section, taking the present law as critical point, discusses judicial remedy system to perfect the peasant-workers' social security right in our country. It advocates establishing and consummating judicial remedy procedure to the peasant-workers' social security right by referring to the relief way to the peasant-workers' social security right under the existing legal framework.