The Research On Protection Of The Migrant Worker's Labor Right

The rural migrant workers have been the main force in modernization process.The rural migrant workers is a special group,so it is very important to protect their rights though difficult. Right of rural migrant workers should be the important theme in the study of constitution science and deparment law science.I try to describe workers'identity and their ways to supplement lives from angel of constitution science,all of this is to come up with some advice on how to protect workers'rights effectivly ,which is also practical to constitue a harmonious society.The rural migrant workers are labors,they should enjoy all kinds of rights derive from labor,but the rights are special, which are embodied in subject and content.For the imbalance between economical and social development,the right is vunerable. The chance to establish the employment relationship is very uneaqual between citizen workers and rural workers.When they began to work,they may find tere is no security protection measures which pose a harzard to workers health.Sometimes,workers can't be paid timly and sufficiently; as a kind of secondary right throughout the work process, the social security is weak.The reasons for absent of labor rights are various.The first reason is legal system,the legislation is in a low level and impractical ,there is many loopholes.The enforcement is inability. The judicial process is inconsistent with workers'practice,it is critical to pour more judicial resources to realize"essential equality".Under the circumstance that our law system is not imperfect,policies and institutions are determinants .In the political institution ,migrant workers have less democratic rights and share less resources to live and develop but burden more expense in reform.In the economical system,though we have builded a market-oriented economy,it is imprefect,as competitors,migrant workers are at a disadvantage.It make great sense to protect labor right of migrant workers,which is a basic requirement for humanrights , a commitment we have made in public and a manifestion in governance capability.The public authority played an important part in protection.We must reform our legislation ,administration ,jurisdiction,especially household registration system which is root of unequality.To migrants ,self-awareness is an indispensable factor,including consciousness in association,citizenship and law.consciousness belongs subjective dimension ,it mutually reinforcing with reality.each behavior under this will make a effect on our society .The research techniques I apply are theoretical analysis,which is from angle of humanrights and constitution; social investigation,communicate with friends and relatives around me to get to know survival condition of migrant workers. Literature Reference,study literatures which themes are migrants workers and labor rights to draw on valuable view.Make horizontal comparisons between China and foreign countries in legal institutions.