An Study On Influencing Factors Of The Migrant Workers' Non-institutionalized Rights Protection And The Governance Countermeasures

Because of the household system registration system, migrant worker cannot enjoy the equal political participation rights compare to the urban residents. Also, their legal rights are not guaranteed. Based on the current right relief system, the migrant workers protect legal rights through non-institutional system, which means they may not comply with the formal rules, but resorting to the informal, illegal even violent means. It adversely affects the social orders, judicial authority, legal process and social stability.The paper is designed to analyze the reason why the migrant workers choose the non-institutional way to protect their rights, and their common features. Then we propose the measures and suggestions to guide the migrant workers to protect their rights through the institutional means, avoiding the non-institutional means, which can reduce the social conflicts.The paper combines qualitative and quantitative methods, based on questionnaire investigation data from 30 provinces of migrant workers, using binary logistic regression model from the following seven aspects, public service, human capital, social capital, right consciousness and political participation, city life situation, system and institution, and social fusion, aiming at why the migrant workers protect rights through the non-institutional system.According to the statistical results, most of migrant workers choose the institutional means to protect their own rights, and more than one-third migrants tend to non-institutionalized means. The analysis shows that:gender, age and non-institutionalized protection is not related, and the labor contract is signed or not, political trust, level of education and professional qualification level and other factors associated with non-institutionalizedrights of migrant workers significantly. Further analysis showed that:(1) human capital variable, marital status, select work the attention paid to non-institutionalized rights of migrant workers and protecting the rights and interests have significant positive effects, levels of education, work skills, language skills and professional reputation on the non-institutionalized rights of migrant workers has significant reverse effect. (2) Awareness of rights and political participation variable, view of strike activists and public service for non-institutionalized rights of migrant workers have a significant positive impact.(3) City life situation variable, number of move on non-institutionalized rights of migrant workers have a significant positive impact, urban life satisfaction, urban life, time and type of housing for migrant workers reverse the effects of non-institutionalized activist. (4) Public service variable, the low-cost housing satisfaction on the non-institutionalized rights of migrant workers have a significant positive impact, welfare agency satisfaction, the city of housing accumulation fund satisfaction, medicine expense on non-institutionalized rights of migrant workers has significant reverse effect. (5) Social fusion variable, cultural integration of migrant workers rights have a significant positive impact, social distance and modernity on non-institutionalized rights of migrant workers has significant reverse effect.The paper further discuss the policy implications of the findings of the study. Deficiencies in functions of governmental public service is a catalyst for non-institutionalized rights of migrant workers, medical and housing difficulties, social alienation led to the non- institutionalized rights of migrant workers. The migrant workers lack of legal awareness and ability, more tend to non- institutionalized rights protection.Finally, the thesis put forward policy proposals to guide the institutionalization rights protection of migrant workers. First, promoting the equalization of public service to guarantee the migrant workers can enjoy the public services. Second, establishing and improving the migrant workers' medical expenses, housing accumulation fund system to guarantee their life in city. Third, strengthening the communities building, and promoting social integration, to enlarge the migrant workers' social capital. Fourth, enhancing the legal awareness of migrant workers to provide universal access to institutionalized activist channels, clear the limits of institutional and non-institutionalized rights activist. Lastly, strengthening the migrant workers own ability, through internal and external work together to promote the institutionalized rights protection.