On The Constitutional Rights Of City Mobile Operators

With the speed of urbanization in our country, urban mobile operators become one of the first choice for urban laid-off workers and rural labor because of its low threshold. This social group has the features of the temporary nature, the weakness of the status, the wide range of business, the irregular of the management activity and so on. As a part of the citizens of our country, the urban mobile operators of course enjoy the basic rights of the constitution, especially labor right, personality right, property right and right of equality.At the same time, because the urban mobile operators objectively bring many difficulties for urban management, they have a big risk to the health, environment, transportation and food safety of the city, such as cooking oil, food safety, dust pollution, so, their basic rights are not arbitrary and also limited. We can’t let their basic rights exceed the reasonable boundaries to affect social public interest and others’ legal rights. So it is necessary to carry out the regulations and restrictions on them. The relevant laws and regulations ensure the safety and order of urban management, neat and beauty of the city, also take reasonable regulations and restrictions to urban mobile operators. But the regulations and restrictions should not exceed the limits of the constitution to protect their basic rights of constitution not infringed. The current reality of China is too many restrictions and insufficient protection. Constitution should review unreasonable restrictions of laws and regulations to urban mobile operators to protect their basic rights.The problems of the urban mobile operators to social development are not in China, but also in other countries. This paper tries to draw lessons from India to protect the basic rights of urban mobile operators and avoid its limitations.In this paper, I hope that through demonstrating the basic constitutional rights and their boundaries of urban mobile operators, the restrictions of constitution to the restrictions of laws and regulations, learn from the useful experience of foreign countries, summarize the feasible route of protecting the constitutional rights of urban mobile operators in China. I suggest that make some operators such as traditional manual artist have illumination conditionally and take advantage of NGO organizations to protect their constitutional rights.