Study On China's Legal Guarantee Institutions As For Peasant Workers' Rights

The legalization of the guarantee for citizens' rights is an essential representation of ruling the country by law, as well as an urgent necessity to promote our establishment of political civilization. Peasant workers, as an inevitable outcome of our social transformation, have become an important section of the group of industrial workers, who have made great contributions to China's industrialization and urbanization process. However, the present conditions of our legal guarantee for peasant workers' rights still needs to be improved, for there exists many problems, for instance, the inequality of employment right, the violation of laborers' legal rights, the lack of social security, the instability of the right to be educated, and the indifference to democratic political rights, etc. Hence the guarantee for their rights draws more and more attention from all walks of life. According to the rules and regulations of China's constitution and other items concerned with this issue, our nation provides legal protection for peasant workers' basic rights and other legitimate ones in such aspects as politics, economics, culture, education and social activities, accompanied with eliminating the interruption or violation from other illegal action, so as to realize peasant workers' rights, which is an essential presupposition of China's establishment of socialism and democracy. During the last few years, the central government issued a succession of policies to improve peasant workers' working conditions in town and protect their rights, which have got some achievements. But in any country ruled by law, the protection of peasant workers' rights must be incorporated into the realm of legal problems. At present, our nation's legal institutions of guarantee for peasant workers' rights only scatter among different departmental laws, having not formed a complete legal security system yet. Just in such a setting, this article attempts to make a research into the problem of legal guarantee for peasant workers' rights, intended to make slight contributions to the establishment of China's legal guarantee institutions as for peasant workers' rights. This paper mainly contains four parts:The first part of the body is about the basic theories of the legal guarantee for peasant workers' rights, concerning the definition of peasant workers, the connotation of peasant workers' rights, the legal guarantee for peasant workers' rights and the theoretical foundation of the legal guarantee for peasant workers' rights.The second part is an analysis of the present state and causes of the legal guarantee for peasant workers' rights. Based on the present state of peasant workers' rights, it points out the deficiencies of China's legal guarantee for peasant workers' rights from the angles of legislation, law enforcement and judicature, and finds out the causes of the lack of the legal guarantee for peasant workers' rights against the backgrounds of social history, policies, circumstances and peasant workers' literacy levels.The third part is to draw references from the other countries' laws similar to legal guarantee institutions as for peasant workers' rights in China. It introduces other countries' experience of the legal guarantee for peasant workers' rights in laborers' transference by way of making a simple observation of their strategies on peasant workers' unemployment and relief, medical care, their insurance for job injuries and retirement which China can draw some references from.The fourth part is the author's suggestions for the refinement of the legal guarantee institutions as for peasant workers' rights. Aimed at the present state of the legal guarantee for peasant workers' rights, the author puts forward some advice on the improving measures in the fields of legislation, law enforcement and judicature, among which the legislative guarantee of peasant workers' rights is made up of reforming the census register system to establish a new one with the urban system identical to that of rural areas, and improving the current laws and rules concerning peasant workers' rights; the law enforcement guarantee of peasant workers' rights is made up of strictly executing the current legal guarantee institutions as for peasant workers' rights, enhancing the supervision of the guarantee for peasant rights, regulating the laborers' market, helping peasant workers with their self-improvement and raising their abilities to get employed and protect their own rights; judicature guarantee of peasant workers' rights involves improving the system of civil litigants, improving the mechanism of solving the arguments on labor and enhancing the legal aid to the peasant workers.