Thinking Through The Residence Right Of Chinese Off-farm Workers Based On Constitutionalism And Its Legal Protection

The housing issue of off-farm workersâ‘ is accompanied by the process of modernization and urbanization. Modernization will inevitably lead to social stratification structural changes, or that the changing of the social hierarchical structure, population structure and occupational structure is synchronized with the development of modernization. Off-farm workers have become a modern class, there being a cluster of relative benefits based on the existence of the off-farm workers class. The housing issue of off-farm workers is included in the benefits. The harmony of urban development and rural development is an important part of harmonious socialist society as well as the population of urban and rural. The Chinese Party and Chinese government attach great importance to the"three rural"issues, paying great attention on the rights of off-farm workers and safeguard security. From protect peasant right of remuneration for labor, peasant workers for medical treatment, schooling for their children, up to now have been a growing concern of farmers how to improve the living conditions, especially those housing condition. The following paper from the study can be conducted to know that this is very much in line with the world trend of development."All human rights are universal in nature, indivisible and interdependent and interrelated ... regardless of their political, economic and cultural institutions, the government has an obligation to promote and protect all human rights and fundamental freedoms."The full enjoyment of the right to housing has been rooted in the"Universal Declaration of Human Rights"and the major international human rights treaties, such as"economic, social and cultural rights conventions."In 1996, the second session of the United Nations Conference on Human Settlements in residence through the agenda (Habitat Agenda), the national leader reiterated the residence; the documents and declarations have set a global social contract, and planned to take practical measures to ensure that the peoples of the world enjoy living. This paper aims to promote a global, comprehensive observation angle to the understanding of human rights and living link between its points of residency legislation, in particular the establishment against workers including those from the disadvantaged groups in society, the right to social security and legal system.This article divides into four parts to launch the elaboration, the first part is to bring up and to analyses the housing issue of Chinese off-farm workers; The second part is residence rights Comment: for the disadvantaged (migrant workers) under the constitutional right to care for, divided into three levels to elaborate; The third part is the residence rights of Chinese off-farm workers and its rights chain; The fourth part is about constructing urban housing security system-implementation of residency and care of off-farm workers.The first part of this paper provides the housing issue and the legal nature of Chinese off-farm workers. To briefly introduce the conception about"off-farm workers"under the law and sociology, issuing the three original main aspects of housing issue of Chinese off-farm workers: presently the off-farm workers survive in cities - mainly refers to living conditions; social reality problems exist under a harmonious society, both urban and rural structure without the proper social security; with law disciplines mission from the angle of care for the disadvantaged groups in the security system to make construction and maintenance, while care of the Chinese off-farm workers the right of residence rights issue.The second part is residence rights Comment: for the disadvantaged (off-farm workers) of the constitutional right to care for. To conduct detailed analysis on the key point of residence rights from accumulation of knowledge by the right of comparative law, sociology science, department law and other disciplines departments, under a constitutional perspective to analyses the three-level on residence rights ; while clarify its concept of empowerment, as well as its dual function. The third part takes the residence rights as the center of rights chain, author analyses the key point in constructing the benefits system of Chinese off-farm workers, to point out the important status -the right of residence in other related rights in connection with the residency system and to achieve protection on the rights of migrant workers to the important role. Preliminary analyze the relationship between freedom of movement and residence rights of off-farm workers as well as the off-farm workers with the right to the exercise of political rights, including off-farm workers living (environmental) community to political (law) awareness training, off-farm workers'right to vote and stand for election in the realization; off-farm workers with the right to live according to community respite other related rights, a major study to community-based living communities and medical insurance, mainly residence for children's right to education and school reform, community-based farmers in the social security system.The fourth part is about the preliminary design of Chinese migrant workers'right under social protection system, constructing urban housing security system-implementation of residency and care of off-farm workers. To analyze the three important foundations on legal protection system of residence rights for Chinese off-farm workers, a policy based on : the rule of law with a"people-oriented"concept of governance, reflecting China's political civilization, the building of a harmonious society is an important component part of the Chinese government to honor the"three rural"problem policy commitments; legal basis: human rights theory and constitutional"right to equality"has embodied the universal protection measures of the international community for human right-human right to adequate housing-residence rights, equal concern, the equitable distribution and active protection is the foundation under modern legislation; economic authority : a unified market and a market economy economic development is the inevitable result, in particular to take the EU legislation as an example of the study of off-farm workers in order to analyses the significance on such special groups for social security and the economic development as well as stability, pointing out the anti-discrimination does not impede economic development, it is the conditions of development of the market economy, in an open, pluralistic, competitive labor market and economic liberalization, it is the inevitable, and rational choice to enable the sustained and stable economic development. While the implementation of the right of abode and the establishment of a security system, as well as legislative proposals and policy responses, (1) to intensify the development and implementation of the"Residency Act"and"Basic Shelter Security Act"; (2) to promote the construction of low-rent housing system, accelerating the economic development of application-type housing.