Not Through Legal Rights

Migrant workers is a native product of the economic development in modern China, and a product of the society transition, also is the specimens of witnessing history, institutional and social change .As a result of the complex realistic social reason and the policy factor ,Migrant workers are discriminated and pushed aside by the city people and had "the marginalization" status. Migrant workers finally become the minority groups in China. It is the social problem that we can not neglect in long time.Migrant workers have continued to develop along with China's industrialization, urbanization, and the process of reform. It is never be overlooked that migrant workers suffering discrimination and constantly being "marginalized" for a long time, and the migrant community is vulnerable because of complex social reasons as well as policy, and other factors.There is surplus labor force in rural areas and the enormous pressure of the huge income gaps between urban and rural areas. Peasants entered the city and become the migrant in order to increase income. The problem of wage delaying of migrant workers leads to a series of social problems and many migrant workers and their families is living in hardship because of the wage delaying which has caused the conflict between the migrant workers and the corporations. The workers who have a delaying problem take all possible means or methods (including legal and non-legal or illegal means) to recover their wages through taking poison, jumping up from buildings, suicide and through collective movements, such as sit-down, plug traffic, violent attacks and other illegal means. Others resort to "leader's instructions." There are many kinds of media which report on the protecting rights of migrant workers and the migrant workers demand wages in many unimaginable ways.The so-called unconventional ways is the relief provided by the private and non-legal ways which beyond the existing legal framework to safeguard their rights. It is always not successful in the beginning by conventional ways to safeguard their legitimate rights and interests, so the defeated workers will turn to other unconventional ways of relief with knowing from the daily life that price is expensive and the results is least, and they will resort to the most economical practical and simple way.Suicide and homicide is often the last way to resort to. For this reason, the rights of suicide will caused the bad social effects because of its tragic and violent characteristics and so it must be got the effective social and legal control.For those wage delaying migrant workers, there are two categories in order to recover their wages: one is conventional and the other is unconventional; which ways they have resort to is decided by their own conditions, values, the understanding of the law and social environment.The so-called conventional way which referring to the relevant laws, regulations and rules as well as policy supports by the existing legal system within the framework of the rights channels, including labor inspection, labor dispute mediation, arbitration and litigation. Whether the conventional ways is available or not is decided by the transformation of the country's society and the development of the legal control. The conventional way played a significant role in the recent China. However, the complexity of the transitional period of economic and social background of the modern china and the special requirements of the migrant workers groups resulted to the special nature of their relief mechanisms which have the feature of the simple, convenient, quick and easy, low-cost, the authority and credibility, and so on. However, the conventional methods are not consistent with these requirements which have their own limitations and drawbacks. But it is can not damage this way for realizing of the right even if they will not lead to an effective solution. They will seek the other ways for the possibility. But at the same time its give the government the chance to check the living conditions of workers and promote the efficacy of the legal system.Modern civilization regards the law as an important control means. When the right is suffering the violation, victims cannot seek the private or other relief method beyond the legal system. According to the view of the social contract, individual has already transferred their nature right such as the violence against others to nations for protecting their safety and living convenience. This is the inherent requirement and the aim of the rule of law in modern society. Therefore, although the non-conventional way has its own reason, but simultaneously also causes the possibilities of confliction even the crime which must be controlled. It is must be noticed that the system of right relief is also the mechanism of disputing solution and must be noticed the limitation of legal solutions, which lead to the mistake of omnipotence of law.With the methods of sociology of law mixed with some economic, comparative analysis and so on, the paper gives a survey on the data from the reports of government agencies, community organizations, groups and individuals. From media reports on the legitimate rights and interests of migrant workers in a series of typical cases, this author want to illustrate: Why migrant workers not access to the conventional way existing legal system to protect their rights and interests? How this way to play its mechanism? What is the reason for them resort to the "unconventional ways" beyond the "conventional way"? How to assess such rights means? What is the drawbacks of "Conventional way" ? .The full text is about 50,000 words, and is divided into six parts:In the introduction, the paper indicates the central issues of this paper and discusses the status quo of the migrant workers as well as the research the meaning of this research.Chapter 1 discusses the background of the migrant workers and demonstrates the development of the social transformations in the modern China. The article also discusses the problem of the wage delaying from the perspective of the history.Chapter 2 describes the unconventional ways of mechanisms to relief through analyzing the series of typical cases.Chapter 3 demonstrated the reasons of choosing unconventional means to safeguard rights with the Parsons' theory to assess the cost -benefit.Chapter 4 discusses the limitation of the conventional way to safeguard their rights. This is an important way to avoid the conventional reasons for migrant workers. And the author also gives a brief description of the reality of the relating state organs against these limitations.Conclusion part points out that the ways of protecting rights depend not only on the main characteristics of rights, but also on the social environment, and institutional environment as well as he existing legal system to provide relief mechanism. But at the same time the persisting of the unconventional ways of relief also tacitly promote the transition of the legal system.