Research On Protection Of Rights Of Migrants In Shanxi Coal Mining Area

Since2007, Shanxi Province have carried out large-scale centralized management of geological disaster-hit areas for the first time, For coal mining area to the implementation of the the goaf immigrants "project. However, in the resettlement work, or there have been many violations of the legitimate rights of immigrants. Therefore, in order to protect the legitimate rights of migrants and to provide a reference to formulation of immigration policy, this paper use the theory of legal paternalism through the mined-out area of the protection of migrants’rights and profound analysis of its causes, and then put forward sound countermeasures and suggestions.The author through field research coal mining area in Shanxi Province immigration actual production and living conditions, combining with the migrants’ rights protection, pointing out that the personality of the Shanxi coal mining area of migrants’ rights protection, and put forward adequate measures.In the first part, the paper defines the concept of a coal mining area immigrants, analyzing the specific content of the coal mining area of migrants’ rights, explaining the legal theory of paternalism. The second part, focuses on the analysis of the problems and the reasons of the Shanxi coal mining area of migrants’ rights protection. The third part, the paper put forward countermeasures and suggestions to improve the mined-out area of migrants’ rights protection. For example, the establishment and improvement of the goaf participation of immigrants in the right system, the establishment of a sound goaf immigration survival and development rights protection system, establishment and improvement of the mined-out area immigration compensation of property right system, establishment of the sound goaf the right to education of the children of immigrants system, and the establishment and improvement of the goaf of appeals of relief right system.To strengthen the Shanxi coal mining research and protection of the rights of immigrant area helps to cause the social attention to the vulnerable groups of immigrants. Because of coal mining goaf, immigrants are forced to leave their homes and move to a strange place, they made a great sacrifice, but in the relocation process, the legitimate rights and interests of immigrants frequently violated, so we should be the legitimate rights and interests to join hands to protect the goaf mining immigrants do do everything in one’s power things. Strengthen the development of Shanxi coal mining area immigrant rights protection research helps to goaf immigration policies and regulations for reference. In order to solve the mined-out area immigrant rights protection problems, must have the relevant laws and regulations to provide security. However, at present our country has not yet issued a special "coal mine goaf immigration law", therefore the research of goaf immigrant rights, can provide a reference for the formulation of "coal mine goaf immigration law"...