Legal Protection About Basic Rights And Interests Of Peasant Workers In China

Our country's economy is in rapid development under the marketability, the modernization, and the urbanized advancement. The farmers entering city for work is not only a need for them, but also is the need for urban development; not only is the important channel which the farmer additionally earns, but also is the reasonable choice that displays extra labor force of countryside. Along with the successful opening of the Seventeenth National Congress of the Communist Party of China, we have realized that we should pay more attention to the livelihood of the people as the key social construction during further development. This article is just under such a kind of social background, placing the protection question of our peasant workers'rights and interests under constitution, analyzing, and proposing some suggestions and the question key to the situation, which the author thinks, are valuable.The safeguard question of peasant workers' rights and interests has always been the matter, which highly concerned by national and government, also is the one hot topic, which the law educational world has always been discussing. It can be said; this is one vital economic and political issue, which relates our country three agriculture questions and the well-off society's comprehensive realization, the reasonable disposition of our country labor force resources, our country social security systems, even long-term peace and good government of our country and society. So, there will be important social practical significance of studying protection question of basic right of peasant workers—weak trend community in our country.Emphasizing the rights and interests protection of peasant laborer—this citizen's basic right under the constitution stratification to protect, not only manifesting the highest legal spirit to right protection, but also the highest legal construction of the safeguard in rights and interests of our country peasant workers. This article carries from constitution angle to discuss protection of basic rights and interests of our country peasant workers. The introduction is from basic concept, elaborating necessity and the practical significance of studying the protection of the peasant workers basic rights and interests, also introduces the present situation of domestic and foreign research about this topic. The text is divided into three chapters. The first chapter is the outline of basic rights and interests of our peasant workers. The author makes a clear conception for the peasant workers and their rights and interest, introduced the general question, it is an overall elaboration. The author has made the limits from six aspects to peasant workers'connotation, the analysis and comparison of academic circles'viewpoints to the peasant workers'connotation. From the concept and characteristics of peasant workers'rights and interests'protection, we have further made clear about the goal and significance of peasant workers'rights and interests safeguard. This is also the foundation of our studying in the peasant workers'rights and interests protection, in order to prevent violating its legitimate rights and interests, safeguard citizen's basic human rights, guarantee the national law obtains the effective correct implementation, promote our country constitutional government goal realization.Second chapter, our country peasant laborer basic rights and interests present situation and reason analysis. In this chapter the author elaborated and analyzed realistic condition and the legislation flaw of our country's peasant workers'basic rights and interests all sorts of reasons which create these kinds of legislation and system flaws, in the view of peasant laborer's personal rights, the employment power, the peasant laborer children is educated the power as well as present situation of the social security power. Our country peasant laborer rights and interests flaws mainly display in :the personal rights cannot obtain the full safeguard, the employment power receive the discrimination, education power not to be able to enjoy equally, the social security power receives ignores and so on. Our country peasant laborer rights and interests protection flaw reason is various, simultaneously affects mutually, the author mainly carries on the analysis from following five aspect reason to the peasant laborer rights and interests protection flaw: 1, The city and countryside dual lateral economic ties are the peasant laborer rights and interests protection flaw basic reason; 2, The city and countryside development not balanced is the peasant laborer rights and interests protection flaw objective reason; 3, The related legal laws and regulations imperfect is the peasant laborer rights and interests protection flaw legislation reason; 4, The government male right expansion is the peasant laborer rights and interests protection flaw realistic reason; 5, The peasant laborer own protection week consciousness is its rights and interests protection flaw main body factor. These aspect factors have together created our country peasant laborer rights and interests flawThird chapter—the mentality for realizing legal protection of our country peasant laborer basic rights and interests. The author believed, the question the peasant workers'rights and interests safeguard is the result of many kinds of factors synthesis, its main, the fundamental reasons include the faintness peasant workers'rights and interests safeguard, the present system and the system flaw, the insufficiency of legal safeguard supplies and the peasant workers'participating in the political activity and the economic society authority. Therefore, to solve the problem which the peasant laborer rights and interests safeguard aspect exists, we should first take step from safeguard government for peasant laborer rights and interests by law idea, the system, right aspects and so on flaws, set up the government by law idea which by the constitution governing, rule a nation legally, improve relevant laws and regulations, establish modern society control system, and the peasant laborer rights and interests safeguard system and the mechanism fundamentally. We must consummate the constitution, persist the legislation equal principle, and establish the violation of the constitution examination system as soon as possible, abolish the legal laws and regulations which violate the constitution firmly, r advance the equal power the constitution protection. Also elaborated how to consummate the constitution of the right safeguard function truly in view of the peasant laborer, education power, with questions and so on social security power flaw. In the questions of peasant laborer personal rights, the employment rights, the peasant workers'children education rights as well as in the social security power flaw, the author pointed that we establish the multi-level peasant laborer rights and interests protection way, including reforming the city and countryside dual household register system, confirming the citizen freedom to change one's residence power, perfecting equal employment system, perfecting peasant laborer social security system, consummating the education laws and regulations, guaranteeing the equality to educate the power, perfecting peasant laborer own Uygur power organization, enhancing trade union Uygur power function and so on concrete proposal and conception. From the principle"But the modern legal help goal and the significance, lie in the maintenance the citizen in the law front all equal", the author believed that establishing the legal help and the judicial rescue system are extremely effective ways. Citizen's legitimate rights and interests must obtain legal protection. In the fields of safeguarding citizen's legitimate rights and interest, the government is duty-bound. Confirming and promoting the peasant laborer to enjoy the social right from the legal help legally, including peasant laborers is the government's duty.