Study On The Legal System Of Labor Rights And Interests Protection Of The Peasant Workers

The labor rights is an important human rights of citizens, respect for and protection of human rights is the fundamental purpose and the highest constitutional principle of"the Constitution"and the constitutional basis for the existence and development. Strengthen labor rights research, help promote the spirit of the Constitution, promote human rights.Since the 80's of the 20th century, China has entered a period of social transformation, social and economic structure of the labor issue has become prominent issues change, the core can be attributed to labor rights. As a more specific social groups, protection of the interests of peasant workers to become a hot research social transition, including labor rights of peasant workers enjoy the rights and interests to achieve a basis for the protection of peasant workers. China's the Constitution expressly provides for basic rights and obligations of citizens, the state also effectively protect the rights of citizens to fulfill the obligations and responsibilities. But in reality, due to the existence of institutional barriers to the legitimate labor rights of peasant workers are not adequately protected, labor rights of peasant workers suffer the reality of the situation is still worrying.Labor rights of peasant workers in the legal protection, there are three main aspects: First, the labor rights of peasant workers protection legislation is inadequate, imperfect legislative system, legislative loopholes to violations of labor rights and interests of peasant workers can hardly be held, the existing law is unclear or unrealistic labor rights of peasant workers being marginalized. Second, the high cost of workers rights protection, the concept of discrimination against peasant workers more serious, some employers labor and employment management of confusion, self Rights of peasant workers are weak, ineffective way of labor disputes and cost too much. Third, protection of peasant workers labor rights and interests of poor law enforcement, governance, change and labor law enforcement functions are not in place, inadequate protection of the rights of peasant workers.Improve labor rights of peasant workers legal protection, it is necessary to enact and amend laws to protect labor rights of peasant workers, amend "the Constitution" the provisions on labor rights, development of "Peasant Workers Labor Protection Law", modify and refine the "Labor Law" improve the "Labor Contract Law", and vigorously implement the collective contract system, the establishment of the legal system punish malicious wages, establish and perfect the social security system for peasant workers. Second, improve the judicial protection of peasant workers labor rights mechanism, timely treatment of peasant workers involved in labor dispute cases, for the protection of labor rights of peasant workers the legal aid system. Third, strengthen law enforcement to protect rights of peasant workers labor force. Fourth, to improve awareness of rights protection of peasant workers, and gradually form a care in the whole society good habits of peasant workers. At the same time, strengthening interdepartmental coordination, integrated solutions for workers rights protection issues.In this paper, full of theory and practice of domestic-related research, based on the Constitution, relevant laws, regulations, policies and measures, civil rights and obligations of theoretical writings and the Rights and Interests Protection Law practice material, protection of the rights of peasant workers from the theory of norms and practice in three areas were discussed.