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Research On Construction Of The Legal Protection Mechanism Of Peasant-workers' Rights And Interests From The Perspective Of Harmonious Society

Posted on:2011-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:S M MaFull Text:PDF
GTID:2196330332969642Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Peasant-workers are special social group that appears in special historical period in China. They have already became the new social stratum of industrial workers and they are the new organic composition part of the working class. Peasant-workers are the constructors and forerunners of the new socialist countryside and are the important impelling force of the urbanization construction. They also are the vulnerable group that is marginalized by social benefits. At present, our country is in the crucial phase of thoroughly applying the Scientific Outlook on Development and fully building a harmonious society. But the social reality that peasant-workers' rights and interests suffer injury seriously has already became a critical social contradiction and question in Chinese society and has seriously influenced the entire society's harmony. Constructing the legal protection mechanism of peasant-workers' rights and interests and protecting peasant-workers' rights and interests by unceasingly perfecting organization establishment and speeding up the system construction are the request of resolving contradictions and conflicts and also essential to build a harmonious society.Peasant-workers' rights and interests are very widespread including political rights and interests, economic rights and interests, social rights and interests, cultural education rights and interests, etc. In recent years, the legal protection of peasant-workers' rights and interests received people's attention more and more. Various regions have taken many new effective measures to protect peasant-workers' rights and interests and improve peasant-workers' treatment. Although the legal protection condition of peasant-workers' rights and interests is still far from satisfactory. It has many insufficiencies in these aspects as legislative protection, law enforcement surveillance, judicial protection and legal aid. The reasons for the impairment of the legal protection of peasant-workers' rights and interests are various. The basic reason lies in the city and countryside division dualistic structure. The immediate cause lies in the deficient supply of the institutions of law to protect peasant-workers' rights and interests. The self reason for the impairment of the legal protection of peasant-workers' rights and interests is that peasant-workers' individual quality is low, their right-maintaining consciousness is not strong and their systematism level is low. From the present situation of the impairment of the legal protection of peasant-workers' rights and interests and the reasons for this, we may see that providing a three-dimensional legal protection mechanism with multiagent participation and multi-level for peasant-workers' rights and interests is a significant and urgent task. In connection with the insufficiencies that the legal protection of peasant-workers' rights and interests exists in these aspects as legislative protection, law enforcement surveillance, judicial protection and legal aid, we should take the following measures to construct the legal protection mechanism of peasant-workers' rights and interests:First, establish the mechanism of expressing the interests for peasant-workers. Establish the right-maintaining organization for peasant-workers, and let it undertake the principal role for the peasant-workers to express their interests. Expand the expressing channel for peasant-workers to guarantee the information transmission from peasant-workers to the government. Simultaneously, provide the corresponding material base and the cultural support for this mechanism.Second, establish and improve the mechanism of law enforcement surveillance for peasant-workers. Protect peasant-workers' legitimate rights and interests earnestly by strengthening the work of labor safeguard supervision, establishing the accountability mechanism of the administrative department for labor, carrying out the labor contract system for peasant-workers with all our strength, etc.Third, establish and improve the mechanism of judicial protection for peasant-workers. To display judicial authority's functions fully and further strengthen the judicial protection of peasant-workers' rights and interests, we should improve the mechanism of judicial protection for peasant-workers from the following several aspects, namely reforming the labor disputes processing mode, establishing special labor court to specialize in labor jurisdiction, stipulates the more special labor dispute case legal procedure and so on.Fourth, establish and improve the mechanism of legal aid for peasant-workers. Enable the peasant-workers to stand equally in front of the law and enjoy the equal the legal protection by increasing the funds and the manpower investment of the legal aid service, expanding the scope of the legal aid service personnel, establishing nationwide legal aid cooperation mechanism and so on.
Keywords/Search Tags:peasant-workers, peasant-workers' rights and interests, legal protection mechanism
PDF Full Text Request
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