The Protection Of Employment Rights Of Landless Peasants In The Process Of Urbanization Of China

The employment rights are confirmed as important social rights of citizens by the Constitution of the People’s Republic of China. Firstly, this thesis analyzed the related theories of the employment rights of landless peasants, differentiated the employment rights from the concepts of the right of labor and the right to work, and further discussed other rights that are linked up to the employment rights closely, such as the equality rights, right to property, the right to education and the right of social security. This thesis analyzed the legal basis of the protection of employment rights of landless peasants at the Law Hermeneutics perspective, and also its sociological significance from the aspects of social changes and social modernization, social stratification and social mobility.Secondly, through data processing of the relevant researches in recent years, this thesis summarized the status quo of the landless peasants’ employment in different areas of China and further presented six institutional reasons as the causes of the difficulties in employment of landless peasants, such as the land ownership and its requisition compensation system which primarily result in the economic vulnerability of landless peasants, the imperfection in employment related legislature, the single mode of social security, the insufficient reemployment public services provided by the government, the lack of effective legal aid mechanism, etc. The thesis also illustrated non-institutional factors, such as the macro background of the national economic and social transformation and the quality and value concept of landless peasants themselves.Finally, referring to the countermeasures and enlightenments at home and abroad to solve the employment problems of landless peasants, this thesis offered targeted and practical legislation and policy suggestions which include forming the basic principles of employment rights security system, reforming the existing land profit sharing mechanism, raising the compensation standards, activating the function of promoting employment of collective economic organizations, consummating the top-level design of legislation and policy, leading the concept of big data into the public service for landless peasants which could even be applied to a broader government administration and legislation areas, improving the mechanism of legal aid and establishing mutual aid organization for landless peasants, and ideological guidance and humanitarian care for them as well.