Legal System For The Transfer Of Rural Surplus Labor Force

The settlement of the problem of overflowing farm laborers has respect to the stability of the nation,economic development and social stability.The overflowing farm laborers' migration has a special experience since the state-building.This process is limited by the social and economic level of development and influenced by the development of nation's legal system, reflecting the change of the legal systems about the overflowing farm laborers. These systems played an active part during a period of time but some existing systems have obstructed the migration of the overflowing farm laborers and gone against the urban and rural economic social development,forming the dual-economic structure.As the result of this,it has a positive effect to perfect the system of the migration of the overflowing farm laborers on promoting the migration of the overflowing farm laborers,protecting the rights of rural migrant workers and promoting the coordinated overall economic development.This paper points out the problems which exist in our law tem of the migration of the overflowing farm laborers by analyzing its basic content, it also analyzes the value option of completing our law tem of the migration of the overflowing farm laborers,in order to conceive how to complete our law system of the migration of the overflowing farm laborers.This paper follows the train of thought of "putting forward problem——analyzing problem——solving problem" to analyzing and demonstrating the viewpoint by positive analysis.It discusses about law system of the migration of the overflowing farm laborers from four aspects:The first section analyzes the development and function of our law system of the migration of the overflowing farm laborers from the establishing the country.In this section,it divides the development of our law system of the migration of the overflowing farm laborers into four periods:totally free migration period;non-free migration period;quasi-flow free migration period; encouraging the migration of the overflowing farm laborers and balance urban and rural development period.This process reflects a feature of the legal regulation on the migration of the overflowing farm laborers is from lax to tight and from tight to lax to encouraging and protecting.At the same time this section analyzes the function of the existing legal system on the migration of the overflowing farm laborers.Because the legal system based on the urban and rural structure played a negative effect on the migration of the overflowing farm laborers,it caused the loophole of a system protecting rural migrant workers' rights and benefits and some interrelated problems caused by the migration of the overflowing farm laborers;till the period of balancing urban and rural development,the migration meets a new turning point and the system is constantly developing.The most important assignment in this period is reforming former unreasonable system and promoting the migration.The second section analyzes the content of our existing legal system of the migration of the overflowing farm laborers.It contains the basic legal regulations and interrelated policies about the migration.Now the interrelated laws contain the Constitution,the labor legislation and the new labor contract legislation and so on;the policies briefly are some notifications and opinions made by State Department.After that it analyzes the existing legal system problems of the migration of the overflowing farm laborers,which are shown in legislations and system of institutions.In the legislation the problems are the deficiency of the direction and maneuverability of some interrelated laws of the migration,some policies and regulations.The problems in legislation of system are the 5 which are the household registration system,the social security system,the rural land management system,the pre-job training system and the Rechtsberatungssystem.The third section analyzes the value of perfecting our law system of the migration of the overflowing farm laborers.In this section,author proposes that we must handle the relation of the freedom and the order,the fair and the efficiency to perfect our law system of the migration of the overflowing farm laborers.Formerly,our law system of division city and countryside excessively biased toward the order and the efficiency,restricted the farmers' migration freedom and promoted the development of industry and the progress of city by the sacrifice of the interest of farming,peasant,and rural area.To realize the unified design between the city and the countryside in our country, we must change the preventing select of value and give farmer the fight of migration and development.The law system must ensure the farm worker' fight and promote the migration of the overflowing farm laborers.The law system must also reform the system of household register,getting a job,social security,and defend the farm workers' fights including the fight of social security,education of children getting a job virtually.The forth section is the hard-core of the Thesis.It replies the problems of the second section,has put forward proposals for perfecting our law system of the migration of the overflowing farm laborers.Formerly,the imperfect law system of the migration of the overflowing farm laborers in our country lead to the marginalization of the fights of the rural migrant workers,and the farms' status is humble,the development of rural economics is lag behind.So,the focal point of proposals for perfecting our law system of the migration of the overflowing farm laborers is the protection of the fights of the farm workers and the realization of the legal and ordered migration of the overflowing farm laborers to realize the unified design between the city and the countryside. Those proposals for perfecting our law system of the migration of the overflowing farm laborers include two important parts.The first part is legislation.In this part,the author pronounces the decision of the Law of the protection of the rights of the farm workers.First,the imperfect of our law system to protect the rights of the farm workers,for example,labor laws is hard to protect vast farm workers,is the first reason of the legislation for rural migrant workers.Secondly,at the present stage,the fights of the farm workers which come down to labor,unemployment,providing for the aged,medical treatment,life,residing,education of children is being invaded.According to our current law system,the protection of the rights of the farm workers is incompetence.The existing laws of protecting the fights of the scattered rural migrant workers are not systemic.So the author approves the decision of the Law of the protection of the rights of the farm workers.The Law of the protection of the rights of the rural migrant workers will include the provisions of labor,unemployment,providing for the aged,medical treatment,life, residing,education of children.In the second part,the measure is perfecting interrelated system,which includes household registration system,social security system,the system of country land,the system of employment training,the system of legal aid.This part also includes the measure which can protect the migration of the overflowing farm laborers and can perform the development of urban and rural balance.