Analyzes On The Law Theory About Legal Protection Of The Peasant Laborer Rights And Interests In China

By the reform and open policy, the processes of Chinese market economy, modernization and urbanization become faster. At the same time, the antithesis between town and country dual society structure begin to change. Then, all kinds of the policies that forbidden the people flow into the cities become looser. As the result, the peasants went on to walk from the fields to the cities, and they change their certification by the free job choosing, like to be a worker.However, By the influences of the traditional cultures and institutional arrangements, "the peasant" in the Chinese words symbolizes a kind of status and certification more for a long time, but not only the differences of jobs, Even the peasants came into the cities and find their new status certifications, it's still very hard for them to change their "peasant" certification.Thus, there're the"peasant laborer"came into being, which was a special community between peasants and workers, and been not really accepted by the current institutions.As the transitional community between the peasants and industrial workers, the peasant laborers were given birth at the period of social transformations in China, which is a special product from the traditional peasants'society to the modern industrial megalopolis society, and from the plan economy system to the market economy system. For the sake of the unsuitable"institutional arrangement"and"certification construction"under the antithesis between town and country dual society structure, and the weakness to the protection of the peasant laborers'rights, etc., the peasant laborers were not able to fully enjoy their legal rights, and then, they fall into the real dilemma of serious rights'harms.This thesis introduces its theme by several real and related PLR (peasant laborer rights) cases, then it describes the real facts by the harms to the peasant laborers'rights from the data analysis and fact description. And it analyzes the root to the dilemma of the PLR from three aspects, which are the institutional design, certification and aid to the harm of their rights. Basing on this, this thesis gives the legal certifications of equal rights protection, primary protection and public authority protection to the protections of PLR. In the end, this thesis gives the three feasible methods to the protection of PLR from the angle of practices.