Protection On Labor Rights Of The Peasant Laborers

To respect and safeguard human right is the motto of a constitutional government and consequently should be the government's basic purpose and highest principle to guide its action. And it is also the foundation of constitution and the constitutional government's subsistence and development. Labor right is one of the important human rights for citizens. More researches on labor right will be favor of carrying forward constitutional spirit and promoting the protection of human right.Since the beginning of the 1980s, China's social and economic structure has undergone tremendous changes. The most notable feature is the integration of the transition period, the problem of social labor has become the prominent issue in the changes of socio-economic structure, and the core of which can be attributed to labor rights. As a special social group, it has become a hot issue to protect the peasant laborers'lawful rights and interests in the social transition period in China, and to get and enjoy the labor rights is the foundation for protecting the peasant laborers'lawful rights and interests. As a basic human rights, the labor rights of the peasant laborer consists of two aspects—the basic rights of labor and the basic labor rights, it also includes the rights of freedom and social development, denoting the dynamic balance between the obligatory rights, the actual rights and the legal rights, therefore, it comprises the following value pursue: personal dignity, decent living, substantive equality and social justice. On the subject, the core of labor rights is citizens and workers; on the substance, the core of labor rights is the realization and protection of labor rights. Supported by constitution and relevant legal principles and norms, the labor rights of the peasant laborers have undergone the transmission from granted human rights to legal human rights. However, the statutory right is just a kind of static and objective right, the society can not generate employment opportunities through legislation, and neither can it help to solve the problems associated with labor. It is required that we should transform ideal factors of labor rights system into efforts from nation and society together. We can make institutionalized realization and protection of the labor rights of the peasant laborers through profound impact on legislative power, executive power and judicial power.Based on the academic theory on labor rights and current social reality, through empirical research this thesis focuses on improving the labor rights construction of the peasant laborers and corresponding protection of the labor rights in the transition period in China, it also explores the ways of the peasant laborers'self-reliant relief and the mode of protection by public authority of society and public authority of state, which initiate institutional arrangements on the promotion and protection of labor rights in China, denoting a possible trend of further development.