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Research On Legal Protection Of Peasant-workers' Lbaor Remuneration Right In China

Posted on:2013-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:H G HuangFull Text:PDF
GTID:2216330371479273Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of peasant-workers is a special phenomenon of our chiese currentsociety, since the Reform and Opening,chinese economic develops rapidly, the totaleconomic output has been the second in the world,urban economic developsparticular rapidly,With the rapid economic development, the demand for labor alsorapidly expand.After the establishment of market economy, labor mobility in Chinabecame free up, rural surplus labor force in large quantities to cities.These farmersgo into the cities, they are engaged in works which are completely unrelate toagriculture,and some of them has been completely transformed into industrialworkers, However, according to chinese household registration, they are still has arural household registration,and their identity is still a farmer, Therefore, we callthem "Peasant-workers". the current number of peasant-workers has more than240million, it is such a huge group,Unfortunately,this group is often linked to theconcept of vulnerable groups. Because of our educational resources is serious tilt tothe cities,peasant-workers' education level is generally low,and they are awareness ofthe law, accept less occupation skill training and have less employmentinformation,they generally realize the employment through the recommendation offriends and relatives.They are often at a disadvantage in the uban labor market. Theygenerally have no basic social security.They are engaged in dirty, tired and poorwork, but with a lower remuneration for labor. They suffered in a serious unfairtreatment in cities. Of course,labor remuneration right is one of the most importantrights for peasant-workers.Today, we are supposed to improve the legal protection totheir right to remuneration for labor.However, the reality is not so good, at the beginning I will analysis the status ofprotection on labor remuneration right of China's peasant-workers at present, Themain concern to the status of peasant-workers is that deductions, delayed payment of labor remuneration phenomenon exist in a large amount, it is difficult for them tosafeguard their labor remuneration rights, peasant-workers generally useunconventional means to safeguard their rights, and use less legal means tosafeguard their legitimate rights and interests. The paper also describes the mainseveral unconventional means. For example,just like collective appeals for help,sit-ins, demonstrations, pulling banners, blocking traffic and other group events; Orusing violence to solve problems; Of course, they often think of using publicpower to protect their own rights and interests, they count on the instructions of thesuperiors, recover their remuneration in the government's various irregular lawenforcement; Or they also will use masochistic way to express their demands,andprotect their legitimate rights and interests.The status quo is the result of the role ofvarious factors, This paper analyzes the peasant-workers ' low education level,weaklegal consciousness and other aspects of the reasons.Combined with the householdregistration system in the system is mainly due to the distinction between town andrural household registration system, which cause to the presence of the vulnerablestatus of peasant-workers,and Lead to their interests vulnerable to infringement andthe rights of the practical difficulties. This paper focus on the reasons of legalproceedings, including that the burden of proof is difficult, legal proceedings iscomplex, cost to safeguard rights is high, and employers illegal low cost, anddifficulty in enforcement and so on.Concerned about the current situation on safeguarding peasant-workers'laborremuneration rights and its causes, I will give some measures in this paper, includingbegining general law conduct in the stage of compulsory education, in the form oflegal laws and regulations stipulate telecommunications, media enterprises toactively fulfill their social responsibility, improving the legal procedures in order toreduce the cost of safeguarding rights for peasant-workers and increase theemployer's costs, expanding and improving the wage payment security system whichcontains the migrant workers wage payment guarantee system and wage protectionfund system;improving the system of legal aid for peasant-workers and improvingthe temporary relief measures to peasant-workers. This paper attempts to use theseinstitutional countermeasures to reduce the peasant-workers'labor remuneration right's infringement occurs, as well as for peasant-workers to achieve the legalprotection on their labor remuneration right in the institutional framework.
Keywords/Search Tags:Peasant-workers, Vulnerable Groups, Arrears, Labor Remuneration Right
PDF Full Text Request
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