Research Of The System And Practice Of Migrant Workers' Safeguarding Rights

Along with the deepening of China's reform, completely urban and rural dual structure of China has been gradually broken, the peasants been fixed on the land now enter the cities from the countryside. Migrant workers which engage in the workers' occupational with peasants status have promoted the urbanization process. They have made tremendous contributions to urban construction and socio-economic development. However, their own labor and living conditions is not optimistic so far missing in the right position.To solve the problems of migrant workers, the state has promulgated a series of policies and regulations protecting the rights and interests of migrant workers, and community are concerned about the protection of the rights of migrant workers. However, the action of safeguard their rights of migrant workers are often faced with the dual system and practical difficulties.Generally migrant workers engage in construction, mining, chemical and other types of hard, dirty, tired of high-risk operations, have a higher incidence of accidents and occupational diseases. Injury at work directly infringes on migrant workers the right to life, health and property. The accidents are more harm than wages. And they have more difficult to safeguard their rights. Although the existing legal documents of migrant workers equal rights with a theoretical study, the work about the practice of safeguarding rights of migrant workers is less. Almost the scholars are not concerned about the action of safeguarding rights of migrant workers. Through interview with the case of a migrant workers injured at work, this essay tries to analyze the text of injuries legal system and policy from top to bottom, and his action of safeguarding rights bottom-up .Meanwhile analyze the action of subjects involved in the operation of the system and its influence on the operation in the process of safeguarding rights of migrant workers based on the theory of the New Legal Realism.The fundamental reason which make the actions of safeguarding rights difficult lies that the migrant workers' vulnerable status is not equal to strong status of enterprise and government ,and then can not get the Game balance. Therefore the fundamental way to solve the difficulties is that the governments which master public power intervene in imbalance labor relations. With the principle of the protecting vulnerable groups, the governments reform the social system and redistribute of social resources to achieve a balance of the allocation of social rights between enterprises and migrant workers. The government should tend to overcome their own interests in accordance with the request of the rule of law. Then the legitimate rights and interests of migrant workers will be protected actually.