摘要
由于多方面的原因,城市农民工整体处境堪忧。困境的法律成因包括立法与执法两个层面。从立法层面看,宪法确立的公民权利平等原则未通过具体制度得到落实,而以户籍制度为核心的一系列具体制度导致农民工在城市中实际上处于边缘地位。另外,现行劳动纠纷解决机制也为城市农民工的维权设置了障碍。从执法层面来看,行政执法疲软和司法救济不力致使城市农民工的合法权益难以得到充分保障。要使城市农民工摆脱当下困境,一方面须在具体制度上真正体现和落实宪法的平等精神,消除歧视,并改革现行的劳动纠纷解决机制;另一方面应理顺劳动监察执法的运行和约束机制,加强执法力度,同时通过审判和执行制度的局部改革,给予城市农民工以更加公正、低成本和及时的司法救济。
Farmer laborers working in cities are a special group that emerged during China＇s economic and social transitional period. Due to historical, cultural, social, legal and other issues, the farmer laborers are in low status, with deteriorating conditions in income, personal safety, social security and children education. These problems have both resulted in legislation and law enforcement from a legal perspective. In terms of legislation, the Constitution and law have laid down the principle of equality of citizens＇ rights, but the concrete systems have not been carried out. And a series of systems based on China＇s household registration system have resulted in the present status of farmer laborers as second-class citizens in the city, who cannot enioy the same rights as the city residents.
Besides, current labor dispute settlement system by labor law works ineffectively in the remedy for infringing on the legal rights of farmer laborers. Furthermore, in terms of law enforcement, bad enforcement in labor supervision and poor remedy for laborers＇ rights and interests lead to inadequate protection of farmer laborers＇ legal rights. In order to get rid of the status quo of farmer laborers, measures should be taken in both legislation and law enforcement. As to the former, the spirit of equality should be embodied in the concrete systems. That is to say, the current household registration system should be reformed, the inequality behind this system should be removed and any regulations and policies that discriminate against farmer laborers should be abolished. Moreover, the labor dispute settlement system of ＂deciding on a case before trial＂ should be changed into the one of ＂deciding or trial＂. As to the latter, in order to protect farmer laborers＇ legal rights from violation, the operation and limitation system of labor supervision should be settled, and the power of enforcement should be strengthened. Meanwhile, farmer laborers should be provided with fairer, cheaper and more efficient judicial
出处
《浙江大学学报（人文社会科学版）》
CSSCI
2006年第5期40-48,共9页
Journal of Zhejiang University:Humanities and Social Sciences
关键词
城市农民工
弱势群体
平等地位
行政执法
司法救济
farmer laborers in cities
social vulnerable group
equal status
administrative enforcement of law
judicial remedy
