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Study On The Protection Of The Rights And Interests Of Urban Migrant Workers In The Integrated Development Of Urban And Rural Areas

Posted on:2024-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhouFull Text:PDF
GTID:2556307121965359Subject:legal
Abstract/Summary:
The central task of integrated urban-rural development is to achieve high-quality urban-rural economic development,and the core of integrated urban-rural economic development is "people-oriented",which means that the core purpose of economic development is to improve people’s living standards,especially the per capita income of rural residents.As the main force of the migrating agricultural population,the separation of people and land is the norm for this group,which is both a waste of collective land resources and a negative impact on their own rights and interests.This paper compares the reform of the "three rights separation" system of residential bases and its inherent rights allocation with the literature related to the citizenship of farmers in urban-rural integration,the newly revised legal norms such as the Civil Code and the Land Management Law,and the frontier theoretical views,and points out the importance of the protection of the rights and interests of residential bases of migrant farmers and the inadequacy of the existing institutional supply,which needs to be brought into play.The property rights and interests of residential bases help urban migrant farmers truly realize their identity transformation.As the main force of citizenship among the migrant agricultural population and the representative of the group that can best reflect the identity transformation process,how to guarantee the home base rights and interests of this huge group in the reform of the home base system is related to the steady progress of China’s urban-rural integration development and the citizenship process of farmers.The purpose of safeguarding the home base rights and interests of urban migrant farmers is to help them realize the fundamental identity transformation from farmers to citizens.The general idea of protecting the rights and interests of urban migrant farmers’ residential bases in the context of urban-rural integration development proposed in this study is to sort out two horizontal dimensions,namely history and current situation,and two vertical dimensions,namely changes in the value function of residential bases and changes in the mode of transfer in practice,with a total of four clues to clarify the main lines of legal logic of the new generation of migrant workers’ rights and interests in residential bases and the real demand for the protection of their rights and interests in residential bases,so as to provide them with targeted protection.The specific phenomena that exist in reality that hinder the protection of residential bases rights and interests of migrant workers in cities are listed,and the reasons for them are the differentiation of needs within the group,the conflict between public and private rights and interests,the continuation of the evil consequences of urban-rural dualism,and the insufficient supply of legal systems for the transfer and permanent withdrawal of residential bases use rights.From the obstacles faced,it reflects the necessity of safeguarding the legal rights and interests of this group,which should respect the real willingness of migrant workers of different ages to settle down or return to their hometowns,and make use of the property rights of the residential bases to maximize the potential of the citizenship of this group of agricultural migrants.Combined with the current development direction that the reform of "separation of three rights" of residential bases is mainly oriented to the property function,"separation of three rights" gives more complete rights of ownership,qualification and use,and lays the institutional foundation for the property rights of farmers’ residential bases.The system of guaranteeing the rights and interests of residential bases in the development of urban-rural integration should start from three aspects: implementing the ownership right of residential bases,guaranteeing the qualification right of residential bases,and liberalizing the use right of residential bases,so as to clarify the internal legal basis of each right and propose an all-round,whole process and multi-level path for the realization of guaranteeing the rights and interests of residential bases for urban migrant workers in the process of citizenship.It proposes to construct a complete right system of residence base ownership and a synergistic system of related policies and systems,to clearly define multiple criteria of residence base qualification rights based on household units to replace the single household registration criteria,to enrich the forms of realization of residence base qualification rights,to refine and implement the property rights of residence bases of migrant farmers,to allow migrant farmers to use the right to use residence bases and the income from their houses to consolidate the foundation of their citizenship,and to allow migrant farmers to use the right to use residence bases and the income from their houses to consolidate the foundation of their citizenship.After urban migrant farmers complete their household registration status,they are provided with long-term protection by business-type residence rights,and urban migrant farmers are guided to gradually withdraw their residence base rights in phases and expand the types of paid withdrawal of residence bases.
Keywords/Search Tags:urban migrant farmers, residential base rights system, urban-rural integration, urbanization of migrant agricultural population
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