The Analysis Of Legal Issues On The Collective Action Of The New Generation Of Migrant Workers

In recent years, from " the Honda strike" to "the Foxconn Suicides" by jumping off a building, and then to "Dongguan Yuyuan strike", the new generation of migrant workers in collective action interpretation of the present stage that our country changes in labor relations and labor conflicts intensified. The new generation of migrant workers in 80, after 90 primarily, accounts for more than half of population of migrant workers in China, is the main component of migrant workers groups, they are for fast development of our country’ economy, the speeding up of urbanization has made great contribution. The new generation of migrant workers are better educated, fighting for their legal rights and interests of consciousness strongly. But in the background of the labor conflicts intensified, their labor rights and interests have been violated. This paper mainly researches the new generation of migrant workers collective rights of action analysis of the legal issues, mainly around in recent years, the new generation of migrant workers collective rights of action, workers strike action case analysis which leads to the topic, analyzing about the present conditions of the new generation of migrant workers by the use of relevant statistical data and report analysis.The article is divided into five parts altogether, the first part in combination with the related literature and theoretical analysis that leads to the thesis research question, then basic status of related disciplines and practice in the literature review described and analyzed, emphatically from the trigger new generation of migrant workers on the collective activism on the inside and outside mechanism of the necessity and possibility of its collective activism.The second part introduces the system background of the Cenozoic migrant workers rights and interests are damaged, according to the statistical data and investigation reports and news reports of damage to the interests of its analysis, the dual household registration system and analysis of urban and rural segmentation so that the new generation of migrant workers is difficult to integrate into the city society. While the lack of organization rights and collective action rights, lead to the collective activism lack of legal support, improper handing may be turned into violent conflict, group events; the absence of public power and distortion, resulting in lack of relief channels within the system guarantee the rights and interests of the demands of the new generation of migrant workers, prompting in the process from the system of rights within the rights to outside the system of collective rights.The third part carries on the analysis from outside the system within the system to the new generation of migrant workers rights protection channel, explore the new generation of migrant workers in the interests of can choose the way of adults, so as to analyze the possibility of Cenozoic migrant workers rights of collective choice.The fourth part analyzes the institutional constraints which the new generation of migrant workers confront when they take collective rights of action. In the lack of legislation and the insufficiency about taking part in trade union rights, right of collective action and right to collective bargaining lead to the new generation of migrant workers’ collective rights of action lacks legal basis, not to improve the collective bargaining mechanism caused by the adverse status of the new generation of migrant workers in the negotiations, at a disadvantage in the labor game framework; in addition, from the local government law enforcement adverse, the labor union function unknown to investigate passive Cenozoic migrant workers collective rights of action, emphasizing the lack of protection of the legitimate rights and interests on the legal and policy of the new generation of migrant workers are the new generation of migrant workers collective rights of action caused by a variety of restrictions.The fifth part will discuss how to guide the new generation of migrant workers’ collective rights of action standardization, ordering, advocate the perfect labor three legislation, enhancing the collective negotiations to resolve the labor disputes, the role of local government and union of the incentive and restraint, to the new generation of migrant workers collective rights of action to strengthen the legal and policy guide four aspects to discuss.The main findings of this paper is lack public power and distortion is within the main reason of Cenozoic migrant workers within the system of rights of way is not smooth, the new generation of migrant workers lack of legitimacy basis of collective action is the biggest obstacle for adults in an orderly manner, so the main reform suggestions of this paper include: perfecting the three labor legislation to provide a legal basis for the new generation the collective rights of migrant workers. Improving the collective bargaining mechanism, enhance the Cenozoic migrant workers labor game in the process of the adjustment of labor force, thus adjust the pattern of distribution of interests. To strengthen the role of local government and unions, especially to clear the role of trade unions and the representative of the interests of. To strengthen the new generation of migrant workers’ collective activism on law and policy guidance, making the collective activism is an effective way to protect the rights and interests of the migrant workers.