淺議農(nóng)民工平等權(quán)的法律保障（Legal guarantee of equal rights of migrant workers）

1、淺議農(nóng)民工平等權(quán)的法律保障（Legal guarantee of equal rights of migrant workers）Legal guarantee of equal rights of migrant workersThis article source: paper /Abstract: the equal rights of migrant workers is the inevitable product of social development transformation. Migrant workers are a special social group, due

2、 to the impact of the economic structure of two yuan in urban and rural areas, the relevant laws and regulations are imperfect, the traditional hierarchy concept and other reasons, resulting in their equal rights are often neglected, migrant workers to be discriminated against in real life. Therefor

3、e, the protection of equal rights of migrant workers is not only an important legal problem, but also a social realistic problem that needs to be solved urgently. This paper analysis principle of equal rights of migrant workers to analyze the status quo of protecting the right to equality, to explor

4、e the existing problems of protection of equal rights of migrant workers, to find ways to solve problems, provide a reasonable solution, to effectively protect the genuine equality of migrant workers.Key words: migrant workers; equal rights; legal protection; causes; countermeasures; equal rightsIt

5、is a basic right endowed by the constitution to citizens, and also a basic requirement of the modern society ruled by law and an important part of the international human rights theory.The right to equality is the right that everyone should enjoy. Marx once said: from the common characteristics of p

6、eople, from people is that they are extending such requirements in terms of this equality: all people or at least is a citizen of a country, or all members of a society, must have the equal political status and social position. Migrant workers are one of the basic members of society. They should enj

7、oy equal rights with other social members, without discrimination and discrimination. The right of equality is the most basic social rights of migrant workers, and is the prerequisite to realize other social rights.I. The general theory of equal rightsThe right of equality evolved from the idea of e

8、quality, and it is the expression of equality in the law. The idea of equality can be traced back to ancient greece. In ancient Greece, Aristotle proposed the concept of justice and equality, and thought that justice is the concept of equality (equality) of some things. The idea of equality was form

9、ally formed in the 17 and eighteenth Century bourgeois revolution period. In 1776, the United States Declaration of independence was first established in the form of a political programme: all men are created equal. In 1789, the French Declaration of independence states: in rights, life is, and alwa

10、ys is, free and equal. At this point, the concept of equality has become a universal constitutional principle and constitutional right. It is the prerequisite to realize other social rights. At present, the protection of the equal rights of migrant workers has become a growing concern of the communi

11、ty, and strengthening the protection of equal rights of migrant workers is imminent.Protecting the equal rights of migrant workers has important practical significance in the contemporary era. The protection of equal rights of migrant workers is conducive to the realization of the essence of equalit

12、y before the law form of the supplement loopholes; conducive to migrant workers make a positive contribution to the city construction, to promote rapid economic development; is conducive to building a socialist harmonious society, the realization of people-oriented, fair society concept.Two, the sta

13、tus quo of equal rights of migrant workersRural migrant workers are a special group formed in the transition from a traditional agricultural society to a modern industrial society in China. They have diverged from the peasants and formed a new and independent social stratum. Their participation in t

14、he construction of the city has contributed greatly to the development of the economy. However, in real life, they have been excluded and treated unfairly. Therefore, the protection of equal rights of migrant workers is a serious social problem, which needs to be paid close attention to by society.(

15、1) the political rights of migrant workers are not availableThe right to vote and to be elected is one of the fundamental rights granted by our constitution to citizens participation in political life. Chinas constitution the thirty-fourth stipulation: Peoples Republic of China citizens 18 years of

16、age, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status and length of residence, have the right to vote and to be elected; however, deprived of political rights according to law except. In addition to deprived of political rights accordi

17、ng to law, any citizen of Peoples Republic of China at the age of 18 years of age, without exception, on the right to vote and to be elected, the right is complete, any organization or individual can not be deprived of. But in 1995 the revised election law fourteenth stipulates: the peoples congress

18、es of provinces, autonomous regions the number of deputies to the principle of population distribution, population number of times by the Standing Committee of the peoples Congress in accordance with the rural areas each represented in the city each represented. This means that the voting power of t

19、he rural population is equivalent to 1/4 of the urban population. This is clearly a legal provision for inequality in the political rights of the rural population and the urban population. The equal political rights of migrant workers exist in name only. The right to vote and to be elected is the pr

20、erequisite and basis for the realization of other political rights,Even the most basic political rights are not protected, and what is the protection of other political rights? (two) the employment rights of migrant workers have been violated; 1., the working environment of migrant workers is poor a

21、nd the time is long. The third article of the labor law stipulates that workers enjoy equal employment and the right to choose a profession. The twelfth article states: workers are not discriminated against because of their ethnic, racial, gender and religious beliefs. However, in real life, migrant

22、 workers can only engage in the worst conditions, the poorest dirty, bitter, tired of the occupation, often good conditions, high wages of migrant workers occupation will be excluded, such as state-owned enterprises, civil servants, teachers and other staff. According to statistics, now the mine, th

23、e real work in the first line of mine 80%90% is migrant workers, 80%90% in the construction site is migrant workers. 2. migrant workers low wages, often by the boss wages. Migrant workers often engage in high strength, high dangerous, toxic and harmful, but the income is far below the level of incom

24、e of urban residents and enterprises often assuming various fees charged, the deduction of wages for migrant workers, often in arrears of wages of migrant workers, a serious violation of the legitimate rights and interests of migrant workers. According to a survey of 114 state-owned enterprises in S

25、henzhen Municipal Labor Bureau employee income distribution research group in 1995, in the same position, migrant workers monthly salary is 800 yuan, while Shenzhen household wages up to 2500 yuan. In non state enterprises, employees with different identities of urban household registration and rura

26、l household registration should be paid at least 600 yuan a month. 3. The employment rate of migrant workers is low and the unemployment rate is high. Migrant workers because of their own cultural education level is not high, low skills, it is not easy to find a job, even if find a job, do more is d

27、irty, tired, tired work. The number of migrant workers is large and the quality is not high, and the government gives priority to the urban population with more job opportunities. Under the same conditions, the urban population gets higher income, better working environment and higher welfare benefi

28、ts, but the work obtained by migrant workers is just the opposite. Migrant workers in the actual conditions are often in a weak position, often become the first person to be fired in personnel changes. (three) the right to education of migrant workers is misplacedEducation is an important index of t

29、he national competitiveness in todays society. The right to receive education is a prerequisite for obtaining education. The forty-sixth article of the Constitution stipulates: citizens of the Peoples Republic of China have the right and obligation to receive education. The ninth article of the educ

30、ation law also stipulates: citizens of the Peoples Republic of China have the right and obligation to receive education. Citizens shall enjoy equal opportunities for education in accordance with the law regardless of their ethnic groups, race, sex, property status or religious belief. However, the c

31、urrent educational system can not satisfy peoples expectation of equality in education.First of all, from the point of view of educational expenditure, the educational expenditure that the state will invest is basically used in the city, and the educational expenditure in the countryside is often on

32、ly on its own. Migrant workers are often unable to afford education because of poverty, and have to drop out of school without the help of the government or social organizations. How can their right to education be protected? According to the Chinese academy Chinese contemporary social structure cha

33、nge research group survey, in 2002 the whole society the education investment is about 580000000000 yuan, which accounted for less than 40% of the total number in the population of the citys investment accounted for 77%, accounted for more than 60% of the total population and the rural population re

34、ceived only 23% of the investment in education.Secondly, from the point of view of teachers, through systematic training, teachers with higher teaching experience are concentrated in cities, while those who have not been trained or inexperienced have been assigned to the rural areas. The education l

35、evel of the rural population has been seriously affected, and the equal right to receive education can not be protected.Thirdly, from the opportunity of higher education, the chances of higher education opportunities for rural population are much lower than those of urban population. The illiteracy

36、rate of the rural population is high and the educational background is low, but the urban population is quite the opposite. The percentage of migrant workers with low educational background is the majority, and the dropout rate is higher than the urban population. In recent years, as the educational

37、 background increases, the gap between urban and rural areas has gradually expanded, according to a survey by the relevant national research team.Three, the way to realize the equal rights guarantee of migrant workers. (1) reforming the household registration system and realizing the freedom of migr

38、ation of citizens, the current household registration system is the product of planned economy. With the acceleration of urbanization, the drawbacks of the current household registration system are gradually emerging. The current household registration system leads to faults: some people move toward

39、s modernization quickly, while most of them are out of date with modernization. Therefore, the reform of the current household registration system is an inevitable social trend. We must break the existing pattern of two yuan, the elimination of urban and rural household differences, allowing the rur

40、al population to the city to establish urban and rural migration, consistent equality of household registration system, to realize the equal national treatment and protection of equal rights of migrant workers. (two) improve the social security system for peasant workers,The social security system i

41、s the break in of contradictions and conflicts. To improve the social security system of migrant workers, it is necessary to establish an industrial injury insurance system for migrant workers. Migrant workers in the occurrence of accidents or other accidents, the industrial injury insurance system

42、to protect the rights of migrant workers as a thick shield, can solve the problem of migrant workers without money, prevent liability mutually making excuses protect the rights of migrant workers. At the same time, when migrant workers are seriously ill and unable to obtain social assistance, the es

43、tablishment of a serious medical insurance system for migrant workers, reimbursement of serious illness medical expenses, to solve the serious illness without money problem.(three) to carry out legal education, create a good social atmosphere of the protection of the rights of migrant workers self a

44、wareness is not high, need to carry out legal education, to eliminate the residual feudal thought, the importance of publicity rights, the right infringement to use legal weapons to protect their legitimate rights and interests. The formation of the whole society to use legal weapons to resolve the

45、dispute peacefully the good social atmosphere, to violence with violence.At the same time, the elimination of discrimination against migrant workers, migrant workers and urban residents are equal social main body, migrant workers and urban residents personal dignity must be respected, not to be treated unequally.(four) establishing the rights protection organization representing mig