Analyzing The Lacking Of Migrant Workers' Social Security Right From Perspective Of The Justice

Justice is an essential idea with eternal value and basic standard of conduct of human society. But people have not formed a unified understanding yet about Justice from ancient times to the present and from the west to the east. This text thinks justice is a kind of essential value and standard of conduct ,it has contact with concrete social basic system, using it as the standard to stipulate the social members' concrete right and obligation ,to stipulate distribution and reallocation about the resources and interests among social groups and among social member. That is to say, justice can be interpreted as such a basic form of "giving everyone what he deserved".On the basis of the contribution, only if everybody makes contributions to society does the society distribute the right to individual. Distributing according to the contribution everyone has done to society, we can easily find the cardinal principle of Justice is equality. Firstly, everybody is a molecule who makes up of the human society from the day when he was born. He has made "prerequisite contribution"or basic contribution to the forming of the society, therefore fundamental right that everybody enjoys should be assigned according to the prerequisite contribution , and fundamental right that everybody enjoys should be equal on quantity ; Secondly, everyone'natural endowment is different, so the contribution he has done contribution society is different, thus social distribution of other rights to individual is not the same. Non-essential right that individual enjoys should be distributed according to the acquired contribution, and it should be distributed according to proportional equality. Lastly, Because society have formed after human'emerging, everyone who has done more contribution to society would make greater contribution by utilizing the society and social cooperation when fundamental rights have conflict other rights. Non-essential rights should make concessions for the fundamental right and this is inviolability of the essential right. Social security right is the fundamental right on ensuring people'existence and development in modern society. It is the inevitable outcome of industrial development of civilization and it is admitted as fundamental right by a series of international human rights conventions. As the social security right of the fundamental right, according to the just principle, everybody including citizens, farmers and migrant workers'should enjoy social security right equally. Social security right is all peoples'right, but not some citizens' privilege , this is so-called justice. Government should offer the practical assurance to social members on social security right. Only by doing so could it affirm individual fundamental contribution and dignity to everyone who compose of society from the meaning of the bottom line, could it realize social developing purpose from the most essential meaning, could it offer essential condition for the normal operation of the society on the most effective meaning. According to principle of justice, we can find the lacking of justice from the current social security system from aspect of the past forming, influence of the policy, and the realistic state of migrant workers'social security right. There are several main reasons for lacking of migrant workers'social security rights. Firstly, the two-site general layout of urban and rural society is an essential reason. Its supplementary measure is the setting-up of the system of the household register, and the social security system was bundled with the system of the household register together, thus, the two-site social security system, based on system of the household register, begins to take shape. Secondly, The inertia thinking on the thought is a deep reason why migrant workers'social security right lacks. Because unreasonable,inequitable system has been enjoyed long, it is used to turning into naturally , seemed to make naturally by the unreasonable inequity. A kind of view thinks it is non-agricultural job though migrant workers is engaged in, but their identity is still peasants. If they are unable to live in the city, they can also go back to countryside. So they should not be given social security right. A kind of view thinks the production capacity of the wealth of society is still not enough to bring all people into safety net of the social security at the present stage in China, when the economic strength can't bear the guarantee level of rigidity, so covering too many commitments that the target has, undoubtedly spin a cocoon around oneself. Thirdly, about lag of the law of migrant workers'social security right which Should be stipulated by the constitution and social security law directly as citizen's social security right of fundamental right. The country and the society have responsibility and obligation to guarantee its implementation in free. But the protection of the social security right to the citizen of our country only stays on the programmatic regulation of the constitution and there is no concrete legal system to be auxiliary its implementation. In addition, looking one-sidedly to migrant workers'of masses' media; migrant workers not having one's own organization; migrant workers'own interests demanding insufficiently etc., are all factors that can't be ignored. The passive consequence that migrant workers'social security right lacks are very obvious. It has deviated from the society justice and diminished image of China, it is unfavorable to the realization of the well-off society in an all-round way and harmonious society, it causes " national prestige " forfeiture and the decrease of social trust of migrant workers, it obviously hinders smooth realization of urbanization in china, settlement "three agricultural" issues and nationwide unified foundation of laboring market of problem, hindrance role too. So, in the new period, the right of migrant workers'must be transformed into the legal right and concrete right. Thus the following must be accomplished. Firstly, the government must establish an idea of just management in power and the basic aim that everybody should shares social developing outcome. This is a precondition of acquisition of migrant workers'social security with equal right. Secondly, the fairness of the system is the fundamental guarantee that migrant workers'social security right is gotten equally. So the highest justice social security system must be structured;social security right of all citizens must be treated with equality without discrimination;the social security system must be made according tolaw. The protection of our country's social security rights to citizens, only stays on the programmatic regulation of the constitution, and without concrete implementation of a series of systems. As the disadvantaged groups, the rights of the migrant workers are undoubtedly to perform practically no function. How to turn the stipulation of constitutional principles into the realistic right that a citizen can see and feel must rely on the legalizing of social security and concrete social security law. Thus the migrant workers'rights could be implemented. Lastly, the role of media as "social public weapon" must be utilized. Mass media should expound ideas of migrant workers in writing and plead on somebody's behalf for migrant workers, popagate equal social security right should be enjoyed by everybody.social security right is the fundamental right of ensuring people's existence and development in modern society,is the inevitable outcome of the civilization of human society for a long time.