Studies On The Rule Based On The Perspective Of Protecting The Rights And Interests Of Migrant Workers

In the process of the transformation of the socialist market economy in our country, the migrant workers cannot be underestimated in modernization construction of our country. However, due to the division of long-standing urban-rural dual management system, the number of migrant workers is becoming more and more vulnerable groups, migrant workers are in cities for a long time, but they can’t have fundamental political, economic and cultural rights and interests the general urban residents enjoy. Although the Party and the government have adopted a series of measures to protect the rights and interests of migrant workers, and get initial results, the guarantee of the rights of migrant workers has not been fundamentally resolved. Protecting the rights and interests of migrant workers is a key factor in reflecting social justice, ensuring social stability and promoting rural reform, and its importance is beyond doubt. History and reality show that the rule of law is the key to comprehensively promote the reform of China’s current stage, apparently to protect the rights and interests of migrant workers should find the breakthrough in this background. Research this paper is to safeguard the rights and interests of migrant workers in the background of advancing the rule of law.From the perspective of the rule of law, the paper has used literature research and system analysis methods, from the three main dimensions analyzed the migrant workers’ problems of interests and rights protection in legislation, law enforcement, the judiciary, compliance oversight. Then, having made a detailed analysis of the main ideas and countermeasures to protect the rights of migrant workers. Through research, the paper has the following conclusions:First, the status quo of the rights of migrant workers is lack of protection. At this stage, the overall protection of the rights and interests of migrant workers has improved, but still exists many difficulties, and mainly reflect in these aspects:the political rights and interests of migrant workers is mainly in the virtual home state, the economic interests of migrant workers is sufferring from unequal treatment, the migrant workers is lack of effective protection of the interests of society and so on.Second, to find the reasons of migrant workers in lacking rights protection. Through the analysis to migrant workers’ status quo, getting the result that legislation in protecting the rights and interests of migrant workers is imperfect, the law enforcement and protection is not strictly, the judiciary protection is block, and the awareness of law is not high.These four aspects are important reasons of migrant workers’ rights protection missing.Third, to propose four areas of countermeasures in rights and interests protection of migrant workers. In terms of scientific legislation is to improve the constitutional legislation, to establish a multi-level, comprehensive legal protection system, to strengthen the legislative rights of migrant workers in key areas; In terms of strictly enforcement is to change the concept of law enforcement, to improve enforcement mechanisms and to strengthen the law enforcement; In terms of the judiciary is to establish the principle of’Inversion and Shift of Burden of Proof ", to reform the pre-arbitration system; to establish a sound legal aid system and specialize labor courts or labor courts to protect the rights of migrant workers to increase the mediation efforts; In terms of compliance oversight, to strengthen the legal policy advocacy of migrant workers, while to enterprise.The innovation of this paper is based on the perspective of rule of law, having a comprehensive analysis of current situation and the reasons for the existence of migrant workers’ presence from four aspects in legislation, law enforcement, judicial and claw-abiding, and proposed countermeasures.