The Study Of Absent Rights Of Peasant-workers And Its Protection

Since the reform and opening, as the process of industrialization and urbanization is quickening, more and more margin labor force in countryside have been transferring to city or cottage industry. During this process, a special social colony has come into being—"peasant-workers", over a hundred million peasants left their land to live in the city, making great contributions on national development and urban boom. However, not in a way suited to this, peasant-workers have not been taken on by citizens and their rights are always aggrieved. So studying on the absent rights of peasant-workers and its protection without fail to solve the social problems and advance social stabilization and harmonize the city and countryside.The first part of text gives the definition of "peasant-worker" and their deserved lawful rights. Peasant-worker is the kind of labor going to the city or local places or other places to work. Same as the other city labors, the peasant-workers are the citizens of PRC, also should enjoy political, economical and educational rights endowed by laws.The second part expatiates on the sense to protect the peasant-workers' lawful rights. The emergence and development of peasant-workers is an outcome of Chinese situation. Attaching importance to solve "peasant-worker problem" is a historic task confronted during the process of building Chinese characteristic socialism. Protecting the peasant-workers' legal rights favors to strengthen class basis of our party, to construct socialist harmonious society and to carry out scientific outlook on development.The third part hackles the current situation of absence of peasant-workers' rights. Particularly embody as follows: absence of labor rights and social insurance rights and compulsory education rights of their children.The fourth part analyzes the reasons of absent rights of peasant-workers. Rural-urban structure characteristic with rural-urban household register system and labor market is the main reason which causes absence of rights of peasant-workers. The distemperedness of legal system in existence and weak functions of labor union in non-public sectors are also the important reasons.The fifth part comes up with some measures to protect peasant-workers' legal rights. We should protect their labor rights by reforming household register system and solving arrears of wages and equal employment; we should put social insurance rights' protection in effect. Such as establish the Industrial Injury Insurance System and the Medical Insurance System and the transitional Old-Age Insurance System. Also, we should protect the rights of compulsory education of peasant-workers' children through a variety of channels and give labor unions full play to protect peasant-workers' legal rights.