The Investigation About Migrant Worker's Rights And System Reconstruction

Since domestic scholars studying on the issue of migrant workers ' rights in China has carried out extensive research from various perspectives, the rights lacking problems and countermeasures on the rights of migrant workers have also been conducted with a very thorough analysis, so the article is no longer to explore from the two perspectives. Although the purpose of the article is to study the migrant workers, it is only the background of a topic. The purpose of the article is based on existing research results, and tapping a more acute angle to analyze the crux of the missing rights of migrant workers. In the Republic of China within the framework of the political community, we should draw a conclusion under the current constitutional practice, treat the work of migrant workers as a social class, and consider the overall interests of migrant workers more realistically rather than the individual interests of citizens through the analysis of the roles of the respective laws and regulations since the opening up policy.Although migrant workers have been positioned as a working class in the current social ideology of our country. However, the migrant workers, suffer from economic acception, social exclusion, labour acceptance, and the exclusion of workers in the baptism of the market economy., There are many problems, such as no labor contract, no social insurance, no holidays, overtime and other unfair treatment. But this is not the source of the tragedy. The real source of national sovereignty lies in the field of political sovereignty and legal responsibilities within the boundaries of chaos. In order to pursue the best interests, political sovereignty, intentionally or unintentionally, ignore or deny the class interests and needs of migrant workers, the role which the government (state) plays makes the Chinese Constitution and political practice governing superior to legality. For such a situation, the last chapter in the article puts forward that law rights are not the only and ultimate way. We should balance the benifit mechanism from the viewpoint of the objective reality, straighten out the party and government relations, and return the role of government in order to build a responsible government and use legal system to constraints policy measures.