The Construction Of The Rights Subject Status Of Rural Workers And The Rights System In Social Security

The structure of "dual economy" of rural and urban is broken gradually in the progress in which maketization, industrialization and urbanization are coexisting in China. As a result, a huge group of rural workers, whose identity was shielded, is growing up. These rural workers, maintaining manifold links with the rural society, are being separated from the agricultural laborers meanwhile. And their social security is becoming an outstanding problem in the violent change of social structure.By the sample survey, direct visitation and data analyze to the condition of the rural workers' living and social security rights, from more than ten provinces of different economy condition all over the country, this text attempts to reveal the actual living and social security condition of the rural workers, a huge group living on the edge of the cities with special identity and embarrassed status. And then, it reflects on the history background, the misunderstanding, and the imperfection of government's responsibility, legislation and humanistic caring etc. To endow rural workers with society security subject status and rights is not only to meet an urgent need, but also a due righteousness in the socialist harmonious society with deep legal theory basis, economic foundation and society request. In the meantime, this text puts forward some constructive opinions and advices on how to construct a multi-layer social security system suitable for rural workers' real request; how to perfect the contents of the system to gradually realize the fair sharing of the rural workers' rights of social security, social assistance rights and social welfare; and how to build up the supporting law mechanism to ensure the realization of rural workers' social security right.By showing survey data, the first part of this text mainly reveals the current situation of rural workers, living on the edge of cities without social security. The second part reflects on our social security system from six aspects. The third part makes arguments from three aspects of the legal theory basis; economic foundation and society reflection to demonstrate the rural workers should be endowed with the subject status in social security. And the fourth part puts forward some advices on the construction of the social security right system of rural workers. By this text, the author wishes to contribute a mite to the establishment and improvement of our social security system of rural workers.