Research On Protecting Peasant-Workers' Right In Law

The Peasant-Workers is a special social community when the Period has been of Social Transforming in china. With the depth of Reform and Opening Up and establishment of Socialist Market Economic System in our country, a lot of Peasant-Workers rush into city to look for a job in all kinds of field of National Economic. Peasant-Workers make a great contribution to Prosperity of city, development of rural area and the modernization of our Country. Their rights, contrary to the contribution, is being torted , which is disappointed. How to protect their rights is a big problem in urgent. How to protect their rights should be legislative, which not only is a specific measures embodied by the rule of law but also is a better way that The defendant of the right according to the statute settles how to protect the right .This article tries best to do research on safeguarding the rights of Peasant-Workers in the case of law. The content in the section one included what the concept of Peasant-Workers define correctly ,what the character is ,and what right they should be entitled to . The Peasant-Workers is a wageworker whose resident is at country and who is a farm and have a farmland contract with state but get a job at city as a worker, merchant ,etc. the Peasant-Workers can be classified:One who leave from hometown but have some farmland ;The other who rush into city and lost farmlands. The Peasant-Worker work out spontaneously and get job characterized edgely, weaknessly, fluidly, unconsistently with identity. The overall right to Peasant-Workers mainly involve power to labor, participation in politicals, community. This article comes up with three fundamental principles, human being right, rule of the law, the popular sovereignty theory. Secondly ,the thesis account the situation in current about protecting the right of Peasant-Workers in China. And the article hold that the labour right is torted about the Peasant-Workers, they seldom can perform the right to politicals, community right hardly can be respected. what is more ,the success of some country ,such as America Japan ,India ,etc ,are described in legislation about protecting the labour right of Peasant-Workers, in labour dispute, responsibility of employer, in residence management ,from which our country should learn some lesson. As to the situation in current about protecting the right of Peasant-Workers, with experience adopted on protecting abour right abroad, the author put forward to some counter-measures: remending the Labour Law ,improving related rules , strengthening the court's responsibility, improving the mechanism at dispute ,improving the executive system, strengthening the execution effectiveness ,enhancing the education of rules by propagation ,improving law idea both Peasant-Workers themselves and the employeement units ,improving the statute steps on protection, which form a situation carried out by law ,implemented by aboundment laws ,strictly carried out rules ,prosecuted by the laws .Therefore ,the right of Peasant-Workers must be protected absolutely.