| In this article,the author states the problems and the insufficient of the positive law for the rural migrant workers in cities,as well as the necessity of the litigation notion for the citizens and the government and the urgency of the legislation revise and he institutional improvement.This article is divided into four parts.The first part is introductory.The second part is the summarization of the judicial protection of the migrant workers right.The third parts is about the problems and situation of judicial protection for the migrant workers in cities.The forth parts is about advisements of improving the judicial protection for the migrant workers' rights.In this article,the author discusses two important principles in the labor case-“Arbitration –trial” and “distribution rules for the burden of proof” and finally come to the conclusion that we should stick to the principle of “Arbitration –trial” and improve the principle “distribution rules for the burden of proof”.To establish the rules of the employment contract in civil law to make up shortage of the principle of “Arbitration –trial”.It is also very important realize the between differences of labor relationship and employment relationship.To protect the political rights of the migrant workers,the law should establish the election suit system and the constitutional suit system and the election court,and to solve the dispute arise from the right of to vote and right to be elected,and to solve the dispute arise from the educational right of the peasant-workers' offspring.Also the peasant-worker representative organization shall be established to provide the service to protect the peasant-workers right and interests.To improve the Labor administrative supervision system and strengthen inspection of the employers employment system so as to protect the peasant-workers' right and the interest.To improve the legal aid system so as to provide convenient,low cost of legal services for migrant workers. |
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