On The Protection Of The Rights And Interests Of Migrant Workers And Legislative Thinking

Ensuring the civil rights by law is not only the core of ruling country by law, but also the urgent requirement of building up political civilization. More and more attention has been paid to the safeguarding the rights and interests of farmers-turned-workers. Farmers-turned-workers are a big special group engaged in both farming and industry during the period of their transferring from countryside to town and city. In our country, farmers-turned-workers' basic rights and other legal interests, in the respect of politics, economy, culture, education, social activities and so on, are safeguarded according to the constitution and other related laws, realizing their different kinds of rights without interference or infringement. This is the essential requirement and inevitable outcome of Chinese socialism and the building up of democratic legality. From the current situation and analysis, because of unequal employment, lack of social security and stable education rights, infringement of personal rights and interests, a very important question comes out, that is large member of farmers-turned-workers' legal rights and interests are interfered and infringed. The following are the main reasons, indifference of safeguarding the rights by law, defects of the present system and regulations, lack of enough supply of ensuring by law, no chance for them to join the management of the country's affairs. So in order to uphold the their legal rights and interests, we must strengthen the building up of legal system for social market economy, set up and perfect the ensuring legal system, improve the safeguarding regulations, reorganize the department concerned, but the key is to safeguard their rights and interests by law. After using the experience of some scholars at home and abroad, investigating the ways about safeguarding the farmers-turned-workers' rights during the western countries' industry revolution, combining our country's local legislation practice and my own working experience, I may put forward the following points: the legislative concept of putting people first, ruling the country by constitution, equal safeguarding are the priority for setting up the legal system to guarantee the rights and interests of farmer-turned workers. Starting with the personal freedom, working peoples rightsand benefits, social security, education rights, democratic politics and so on, all of which takes the registered permanent residence as its core, we should quicken the pace of legislation, perfect laws and regulations concerned, set up the modern management system which are suitable for the market economy, strengthen the socialist democracy and legal building-up, so as to systemize, formalize and legalize the safeguarding of farmers-turned-workers' rights and interests. Only depending on the legal system and effective mechanism, can we guarantee their rights according to the law indeed. A harmonious society will be set up in our country.