To Protect The Rights And Interests Of Migrant Workers By Law Duirng The Process Of Urbanization

Since1980, the rural surplus labor forces that have participated and graduallybecome an essential strength in the significant process of urbanization andmodernization have started to flow into the city. Yet their independent identity andsocial status have not identified or accepted in the city after20years’ socialreformation, leaving them an embarrassing situation and resulting in that they can’tenjoy the same rights and interests as the urban residents do, and that they have tobear lots of discrimination and injustice treatments as well, which can be reflected invarious aspects concerning their vital interests, such as political rights, economicrights, employment rights, children education and social security. These may induceto some unstable factors that will be further affected the social stability and harmony.This is why we have to pay attention to the issue of protecting the rights and interestsof migrant workers.Theoretic bases are also existed from a jurisprudence view. First, the concept ofequality. The flow of migrant workers can sufficiently reflect the equal exchange ofthe main bodies in the market, while gradually eliminating the hierarchy of identity tofulfill the basic equality among the members of society. Second, justice as the mainvalue of social institution. Biased protection should be put on the weak positionedmigrant workers according to the principle of deserving, rational discrimination andcompensational relief in order to safeguard the equality and justice in the society.Third, human rights is the rights human beings born to own. At present, the rightsmigrant workers enjoy should be the rights to life and development.There are many reasons for the problems of peasant workers, from the aspect ofsystem, the legislation protection is not perfect, and the administration enforcement isnot effective, and there are in lack of judicial relief channel and sound labor union.From the aspect of system of organization, there are double economic structure, double census register system, double labor market and different social safeguardsystems. From the Concept, peasant workers themselves have negative ideas, citypeople have narrow and limited traditional views, and country governors haveunscientific leading sense. Fundamentally, our country’s inveteracy double economicstructure and old census register system result that the reasonable and legal interestsof peasant workers can’t be guaranteed. For a long time, the problems of peasantworkers become difficult to handle more and more, which proves to be an importantfactor to influence our modernization process.Modern developed countries also have experienced this kind of modernizationand civilization process, which is a widespread regular pattern that large villagersswarm into city. The four part of this article makes an analysis and research about theproblems of peasant workers in the process of modernization of American, England,France, and Japan, I make a summarization about the successful experience ofprotecting their peasant workers in foreign countries, and I hope I can make a littlecontribution to protect our peasant workers’ benefits.Finally, the level from the construction of legal system for how to maintain therights and interests of migrant workers make the following recommendations: thelegislative level, to improve the relevant legal system, including the substantive lawand procedural law, the majority of migrant workers according to the law; the lawenforcement level, and strengthen law enforcement efforts to implement the specificresponsibilities while strengthening government oversight functions, and effectivelysound the alarm; the judicial level, to ensure the smooth flow of judicial relief, andfrom administrative intervention. To open up multiple channels of judicial relief,reform inherent in the outdated judicial means; the social level, the establishment ofspecialized advocacy group, the establishment of targeted migrant workersmanagement center, do away with the scattered state of disorganized andundisciplined; last through the transmission of legal knowledge, and enhance migrantworkers legal awareness and rights awareness.