Research On The Legal Protection Of Tibetan Migrant Workers' Rights And Interests

Migrant workers play an important role in the modernization of our country.At present,the rights and interests of migrant workers in Tibet are often infringed upon,as they are throughout the country.For Tibet,which is at the forefront of the anti-secession struggle,the unstable factors caused by disputes over the rights and interests of migrant workers have become a weak link hindering the harmonious development of Tibet's economy and society,and an important factor affecting the balanced development of Tibet's society.In this paper,the characteristics of migrant workers in Tibet,Lhasa to the protection of the rights and interests of migrant workers as the breakthrough point,discusses the new era under the background of the problems existing in the protection of the rights and interests of migrant workers,Lhasa through comparative study of Tibetan and protection of the rights and interests of migrant workers on the mainland,analyzed the current obstacles to the realization of the rights and interests of migrant workers in Lhasa owing to factors and problems that exist in the reality,explore the way of legal protection of rights and interests of migrant workers in Tibet.This paper consists of five chapters.The first chapter is the introduction,the second chapter is the analysis of the concept of migrant workers and the necessity of rights and interests protection,the third chapter is the survival situation of migrant workers in Lhasa and the way to realize their rights and interests,the fourth chapter is the basis of rights and interests protection of migrant workers in Lhasa and the existing problems,the fifth chapter is the analysis of rights and interests protection of migrant workers in Lhasa from the legal perspective.In this article analyzed the differences between migrant workers and migrant workers on the mainland in Tibet,summed up the unique characteristics of migrant workers in Tibet,with the national law and the autonomous region to Lhasa level laws,local regulations,government rules and normative documents comb summary,refining the Tibet autonomous region and in protecting the legitimate rights and interests of migrant workers working in Lhasa advantages and disadvantages.From the legislative,judicial,administrative and law enforcement and other aspects to analyze the existing protection policy,especially the in-depth analysis of the "labor arbitration front principle","rules" of distribution of evidential burden,think the current need to adjust the perfect "arbitration front principle",breakthrough the limitation of arbitration lead to litigation right of migrant workers,further perfect the rules of distribution of evidential burden of labor dispute cases.Comprehensive analysis of several kinds of relationship exists in the contract of employment of migrant workers in Lhasa,the correct understanding of labor relations,labor relations,processing and contracting relationship,the similarities and differences in employment relationship,to clarify several labor relation,find YongGongFang commonly used illegal ways to circumvent the risk of employment,targeted put forward should improve the legal measures in the specific case,and the coupling of administrative measures to strengthen the administrative protection and judicial protection effectively.In the aspect of legal aid,based on the current situation of small number of legal aid cases in Lhasa,uneven level and uneven distribution of cases,the concept of "case auction" is proposed to leverage the high-quality legal aid market with limited legal aid funds.From the Angle of migrant workers,with a good variety of modern network technology to reinforce the franco-prussian propaganda,help migrant workers rights groups formation,improve the bargaining power of rights of migrant workers,concentrated form combined force of safeguarding rights of migrant workers,social forces to guide the transformation of migrant workers "no litigation","e.","XiSong" traditional concept to enhance their rights,actively realize own rights and interests protection through legal channels.In terms of administrative protection,labor administrative supervision system should be improved to form a long-term mechanism.Focus on strengthening the supervision of the employing units,the prevention,the formation of beforehand,in the event,after the whole process of management system,put an end to the "fire-fighting" management or waiting for the case to come,all-round multi-angle protection of the legitimate rights and interests of migrant workers.We will improve the judicial process,provide simple,efficient and low-cost legal services for migrant workers,and fully protect the legitimate rights and interests of migrant workers in Lhasa.