On Protection Of Migrant Workers’ Social Security Right

It has been a long term that China’s migrant workers have been in the marginsof society, and their rights and interests have been free from legal protection edge. Themajority of the migrant workers in the development of the city construction havemade enormous contribution, but they can not enjoy, as equal as town workers, socialsecurity right. Their interests are infringed upon while it is difficult to seek effectiveways of relief. If things go on like this, it will certainly produce adverse effects on theconstruction of harmonious society and the healthy development of the economy.Based on the summary of the existing research results on the migrant workers ’ socialsecurity right, the lack of that is analyzed in depth, and from a legal point of a fullrange of migrant workers social security right, the realization mechanism isanalyzed and discussed.In the first part of the article, it is discussed from the general theory and thelegal science theory of the migrant workers social security rights, and the importanceof legal protection of the migrant workers’ social security right is analyzed." Migrantworkers ", which is an appellation that has a characteristic of China, has existed in thehistorical arena of our country more than30years. In a popular understanding,"migrant workers" are farmers that work in the cities. The definition of social securityright can be given generally both in a broad sense and a narrow sense. Narrowlyspeaking, the workers and their families can have access to social security right due totaking part in labor and joining the insurance. Generalized right to social security,includes social insurance and the right to relief, which is accessed according to theneed, through taxation and obtain, including, the right to social insurance, socialassistance and social welfare. In this article, it is about the narrowly defined securityright.In the second part, status of China’s migrant workers social security, the socialsecurity policy of China, and the law for the development of it are analyzed. In thischapter,from the specific cases, problems on five social insurances of migrantworkers are discussed,and on the basis of that, problems in the process of realizingthe migrant workers ’ social security right are summarized, mainly reflected in fouraspects: the legislation, the migrant workers themselves, security, relief system, on the basis of the above, four factors are elaborated,including: the political factors,economic factors, legal system factors and ideological factors.In The third part, the United States workers social security system and law isexpounded, expecting the profit from its successful experience, and enlightenmentin institutional and legal aspects. Although the United States doesn’t have theappellation of " migrant workers", but the United States of American social securitysystem and legislation are relatively mature, especially in the promulgation and theimplementation of " social security law" in1935, and the subsequent around it in thefollowing70years, such reform of social security system and experienceconstantly has important significance to China’s migrant workers’ social security rightlegal protection.In the fourth part, it is discussed the improvement of the protection of China’slegal migrant workers ’ social security right. The legal protection of migrant workers ’social security right, is a system engineering which is involved in legislation, lawenforcement, judicial process. In the first section, above all it clears rights andobligations from the ideological concept, that migrant workers enjoy the right tosocial security and the employers have the obligations; in the second section, itrefers that to ensure the migrant workers ’ social security right, a sound migrantworkers social security legal system is a must, the security right must be protected bylaw, and it must be according to the law; in the third section, it strengthens themigrant workers social security right management and supervision mechanisms, inthat the laws are must be based on, the enforcement must be done illegally andstrictly, so as to ensure the smooth implementation of migrant workers ’ socialsecurity right; in the fourth section, migrant workers’ social security right judicialrelief mechanism must be improved". there are no rights without remedies", combinedwith the existing legal framework of migrant workers ’ social security right relief way,the establishment and improvement of migrant workers social security right judicialremedy procedure are advocated.