Research On Legal Protection Of Peasant-Workers' Rights & Interests

The peasant——worker group is the bottom vulnerable group in the society which is made by the economic and social factors. They have made a great contribution for the economy development in the process of Urbanization and modernization. But due to various factors, they do not enjoy the real civil treatments and all kinds of their rights and interests have always been aggrieved. In this paper, by using the empirical methods which includes a questionnaire survey and the case study interviews to analyze the peasant-workers' rights and interests protecting prblem. And the conclusion as follows: The peasant-workers' economic rights, social rights, political rights and the cultural and educational rights do not be protected well. Mainly as follows:The lack of labor contracts; the wage arrears is a serious problem; the health and safety are not effectively ensured; the participation rate of social insurance is very low; the right to rest and vacation is often overlooked; the working hours is too long; they encountered inequality treatment in the job hunting; it is difficult for them to achieve their political rights; the peasant-workers and their children's education right is confined by various restrictions.The factors which make the peasant-worker lose their rights and interests are complex. There do have the historic and traditional factor, the legal and institutional factor and there also have the policy environment factor, social environment factor and the peasant-workers' self factor. Mainly as follows: the impact of the traditional urban-rural household registration system; the shortcomings of "Labor Law","Trade Union Law" and other kinds of law and regulation; the outdated manage concept of the government departments; the impact of urban and rural society environment,as well as the peasant-workers' low level culture quality and the low degree of organization.To strengthen and improve the protection of the peasant-workers' rights and interests we must do the following: Firstly, to reform the sub-binary social system which makes the governance of urban and rural different and standardize the management of the household registration system in urban and rural areas; secondly, to improve the peasant-workers' wages priority protection mechanism; thirdly, to improve the supporting system of peasant-workers' rights and interests protection sysrem; fourthly, to improve the urban and rural unified labor market and employment market; fifthly, to improve the peasant-workers' own quality and establish their own rights protection organizations; sixthly, to strengthen the efforts of legal aid for the peasant-worker; seventhly, to carry out the laws and regulations about the peasant-workers' rights and interests strictly; eighthly, to strengthen the supervision of the peasant-workers' rights and interests protection.