1、浅议农民工平等权的法律保障（Legal guarantee of equal rights of migrant workers）Legal guarantee of equal rights of migrant workersThis article source: paper http:/ the equal rights of migrant workers is the inevitable product of social development transformation. Migrant workers are a special social group, due to
2、the impact of the economic structure of two yuan in urban and rural areas, the relevant laws and regulations are imperfect, the traditional hierarchy concept and other reasons, resulting in their equal rights are often neglected, migrant workers to be discriminated against in real life. Therefore, t
3、he protection of equal rights of migrant workers is not only an important legal problem, but also a social realistic problem that needs to be solved urgently. This paper analysis principle of equal rights of migrant workers to analyze the status quo of protecting the right to equality, to explore th
4、e existing problems of protection of equal rights of migrant workers, to find ways to solve problems, provide a reasonable solution, to effectively protect the genuine equality of migrant workers.Key words: migrant workers; equal rights; legal protection; causes; countermeasures; equal rightsIt is a
5、 basic right endowed by the constitution to citizens, and also a basic requirement of the modern society ruled by law and an important part of the international human rights theory.The right to equality is the right that everyone should enjoy. Marx once said: “from the common characteristics of peop
6、le, from people is that they are extending such requirements in terms of this equality: all people or at least is a citizen of a country, or all members of a society, must have the equal political status and social position.“ Migrant workers are one of the basic members of society. They should enjoy
7、 equal rights with other social members, without discrimination and discrimination. The right of equality is the most basic social rights of migrant workers, and is the prerequisite to realize other social rights.I. The general theory of equal rightsThe right of equality evolved from the idea of equ
8、ality, and it is the expression of equality in the law. The idea of equality can be traced back to ancient greece. In ancient Greece, Aristotle proposed the concept of justice and equality, and thought that justice is the concept of equality (equality) of some things“. The idea of equality was forma
9、lly formed in the 17 and eighteenth Century bourgeois revolution period. In 1776, the United States Declaration of independence was first established in the form of a political programme: “all men are created equal.“. In 1789, the French Declaration of independence states: “in rights, life is, and a
10、lways is, free and equal.“.“ At this point, the concept of equality has become a universal constitutional principle and constitutional right. It is the prerequisite to realize other social rights. At present, the protection of the equal rights of migrant workers has become a growing concern of the c
11、ommunity, and strengthening the protection of equal rights of migrant workers is imminent.Protecting the equal rights of migrant workers has important practical significance in the contemporary era. The protection of equal rights of migrant workers is conducive to the realization of the essence of “
12、equality before the law“ form of the supplement loopholes; conducive to migrant workers make a positive contribution to the city construction, to promote rapid economic development; is conducive to building a socialist harmonious society, the realization of people-oriented, fair society concept.Two,
13、 the status quo of equal rights of migrant workersRural migrant workers are a special group formed in the transition from a traditional agricultural society to a modern industrial society in China. They have diverged from the peasants and formed a new and independent social stratum. Their participat
14、ion in the construction of the city has contributed greatly to the development of the economy. However, in real life, they have been excluded and treated unfairly. Therefore, the protection of equal rights of migrant workers is a serious social problem, which needs to be paid close attention to by s
15、ociety.(1) the political rights of migrant workers are not availableThe right to vote and to be elected is one of the fundamental rights granted by our constitution to citizens participation in political life. Chinas “constitution“ the thirty-fourth stipulation: “Peoples Republic of China citizens 1
16、8 years of age, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status and length of residence, have the right to vote and to be elected; however, deprived of political rights according to law except.“ In addition to deprived of political ri
17、ghts according to law, any citizen of Peoples Republic of China at the age of 18 years of age, without exception, on the right to vote and to be elected, the right is complete, any organization or individual can not be deprived of. But in 1995 the revised “election law“ fourteenth stipulates: “the p
18、eoples congresses of provinces, autonomous regions the number of deputies to the principle of population distribution, population number of times by the Standing Committee of the peoples Congress in accordance with the rural areas each represented in the city each represented.“ “This means that the
19、voting power of the rural population is equivalent to 1/4 of the urban population. This is clearly a legal provision for inequality in the political rights of the rural population and the urban population.“ The equal political rights of migrant workers exist in name only. The right to vote and to be
20、 elected is the prerequisite and basis for the realization of other political rights,Even the most basic political rights are not protected, and what is the protection of other political rights? (two) the employment rights of migrant workers have been violated; 1., the working environment of migrant
21、 workers is poor and the time is long. The third article of the labor law stipulates that workers enjoy equal employment and the right to choose a profession.“ The twelfth article states: “workers are not discriminated against because of their ethnic, racial, gender and religious beliefs.“.“ However
22、, in real life, migrant workers can only engage in the worst conditions, the poorest dirty, bitter, tired of the occupation, often good conditions, high wages of migrant workers occupation will be excluded, such as state-owned enterprises, civil servants, teachers and other staff. “According to stat
23、istics, now the mine, the real work in the first line of mine 80%90% is migrant workers, 80%90% in the construction site is migrant workers.“.“ 2. migrant workers low wages, often by the boss wages. Migrant workers often engage in high strength, high dangerous, toxic and harmful, but the income is f
24、ar below the level of income of urban residents and enterprises often assuming various fees charged, the deduction of wages for migrant workers, often in arrears of wages of migrant workers, a serious violation of the legitimate rights and interests of migrant workers. According to a survey of 114 s
25、tate-owned enterprises in Shenzhen Municipal Labor Bureau employee income distribution research group in 1995, in the same position, migrant workers monthly salary is 800 yuan, while Shenzhen household wages up to 2500 yuan. In non state enterprises, employees with different identities of urban hous
26、ehold registration and rural household registration should be paid at least 600 yuan a month.“ 3 The employment rate of migrant workers is low and the unemployment rate is high. Migrant workers because of their own cultural education level is not high, low skills, it is not easy to find a job, even
27、if find a job, do more is dirty, tired, tired work. The number of migrant workers is large and the quality is not high, and the government gives priority to the urban population with more job opportunities. Under the same conditions, the urban population gets higher income, better working environmen
28、t and higher welfare benefits, but the work obtained by migrant workers is just the opposite. Migrant workers in the actual conditions are often in a weak position, often become the first person to be fired in personnel changes. (three) the right to education of migrant workers is misplacedEducation
29、 is an important index of the national competitiveness in todays society. The right to receive education is a prerequisite for obtaining education. The forty-sixth article of the Constitution stipulates: “citizens of the Peoples Republic of China have the right and obligation to receive education.“.
30、“ The ninth article of the education law also stipulates: “citizens of the Peoples Republic of China have the right and obligation to receive education.“. Citizens shall enjoy equal opportunities for education in accordance with the law regardless of their ethnic groups, race, sex, property status o
31、r religious belief.“ However, the current educational system can not satisfy peoples expectation of equality in education.First of all, from the point of view of educational expenditure, the educational expenditure that the state will invest is basically used in the city, and the educational expendi
32、ture in the countryside is often only on its own. Migrant workers are often unable to afford education because of poverty, and have to drop out of school without the help of the government or social organizations. How can their right to education be protected? According to the Chinese academy “Chine
33、se contemporary social structure change research group survey, in 2002 the whole society the education investment is about 580000000000 yuan, which accounted for less than 40% of the total number in the population of the citys investment accounted for 77%, accounted for more than 60% of the total po
34、pulation and the rural population received only 23% of the investment in education.Secondly, from the point of view of teachers, through systematic training, teachers with higher teaching experience are concentrated in cities, while those who have not been trained or inexperienced have been assigned
35、 to the rural areas. The education level of the rural population has been seriously affected, and the equal right to receive education can not be protected.Thirdly, from the opportunity of higher education, the chances of higher education opportunities for rural population are much lower than those
36、of urban population. The illiteracy rate of the rural population is high and the educational background is low, but the urban population is quite the opposite. The percentage of migrant workers with low educational background is the majority, and the dropout rate is higher than the urban population.
37、 In recent years, as the educational background increases, the gap between urban and rural areas has gradually expanded, according to a survey by the relevant national research team.Three, the way to realize the equal rights guarantee of migrant workers. (1) reforming the household registration syst
38、em and realizing the freedom of migration of citizens, the current household registration system is the product of planned economy. With the acceleration of urbanization, the drawbacks of the current household registration system are gradually emerging. The current household registration system lead
39、s to faults: some people move towards modernization quickly, while most of them are out of date with modernization. Therefore, the reform of the current household registration system is an inevitable social trend. We must break the existing pattern of two yuan, the elimination of urban and rural hou
40、sehold differences, allowing the rural population to the city to establish urban and rural migration, consistent equality of household registration system, to realize the equal national treatment and protection of equal rights of migrant workers. (two) improve the social security system for peasant
41、workers,The social security system is the break in of contradictions and conflicts. To improve the social security system of migrant workers, it is necessary to establish an industrial injury insurance system for migrant workers. Migrant workers in the occurrence of accidents or other accidents, the
42、 industrial injury insurance system to protect the rights of migrant workers as a thick shield, can solve the problem of migrant workers without money, prevent liability mutually making excuses protect the rights of migrant workers. At the same time, when migrant workers are seriously ill and unable
43、 to obtain social assistance, the establishment of a serious medical insurance system for migrant workers, reimbursement of serious illness medical expenses, to solve the “serious illness without money“ problem.(three) to carry out legal education, create a good social atmosphere of the protection o
44、f the rights of migrant workers self awareness is not high, need to carry out legal education, to eliminate the residual feudal thought, the importance of publicity rights, the right infringement to use legal weapons to protect their legitimate rights and interests. The formation of the whole societ
45、y to use legal weapons to resolve the dispute peacefully the good social atmosphere, to violence with violence“.At the same time, the elimination of discrimination against migrant workers, migrant workers and urban residents are equal social main body, migrant workers and urban residents personal di
46、gnity must be respected, not to be treated unequally.(four) establishing the rights protection organization representing migrant workers to convey the voice of migrant workers, the world community of migrant workers rights protection institutions have been quite common, and our country has not yet e
47、stablished corresponding migrant workers rights protection organization. When the current is needed to establish representative organizations the interests of migrant workers, and give the city the same trade unions, womens political status, to effectively express their wishes through the organizati
48、on, so as to safeguard their legitimate rights and interests. At the same time, the establishment of the institution must comply with the relevant laws and regulations, and can not be arbitrarily established, the agency should obey the governments management, can not make it out of the community of
49、non-governmental organizations, above the law. Reference: 1 Zhang Qing. Constitutional Analysis of the peasantry class J. Chinese law, 2005 (2)2 Li Shuzhong. Freedom of migration and reform of Chinas household registration system, M. Law Press, 2002.3 Zhong Lijuan. The guarantee of peasants rights and legal thinking theory J. journal, 2003 (2).4. Rural land art - on contemporary agriculture, rural areas and farmers Chinese research M.Social Sciences Literature Press, 2002.5 weeks of Qiming. Legal protection of equal rights of farmers, J. research
