Legal Protection Of The Peasant-worker's Social Security Right

The Peasant-worker's social security right means the Peasant-worker enjoys the right to social security, it is a fundamental human right, a natural gifted and an undeprivable right. Protected by the law for The Peasant-worker's social security right is conducive to building a harmonious society, realizing the fundamental human rights of The Peasant-worker, resisting all kinds of social risk and the risk of life. The major problems remained in the realization of The Peasant-worker's social security right Currently include: the legal system for the protection of social security is not perfect, without a unified Social Security Basic Law, the level of relevant legislation is low, local legislations differs greatly, some laws and regulations operated not strongly, make the laws lack of uniformity and authority; the implement intensity of the social security is also weak, the effects of the social security carried out badly by the government, the management inefficiency in some social security departments, the social security supervision mechanism is inferior, above these implements make the horizontal social security lower ; the relief systems are imperfection, the condition of starting procedure is confined, resolve the procedures of the controversy have many abuses, the rang of examination contents is narrow, the cite evidence responsibility disposed improperly, roads lead to defend right are difficulty. Due to lack of sufficient ideological recognition by some government officials, employers and Peasant-workers, many national political regulations inclined to urban residents, the present economic level is limited and the high investment costs, the Peasant-worker's social security right is difficult to realize. We can take the legislative, administrative and judicial measures to improve the Peasant-worker's social security right: in the field of legislation, we should draft the Basic Law about social security to found the legal system of social security, cleaning and amending irrational laws and rules, learning the favorable foreign legislative experience, speeding up with the legal construction building in Peasant-worker's social security; in the process of enforcement, we should enhance the country's obligations, establish the limited responsible government, speed up the pace of the supporting systems reform, improve the management of social security in departments, strengthen the social security supervision; in respect of the relief system, we should establish independent dispute institution and the public benefit litigation, expand the scope of judicial investigation, pursuit the simple and easy procedure, add particular procedure, and assign the burden of proof reasonably in order to promote the reform of the trial practice.