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On Labor Rights of Migrant Workers in the Field of Judicial Protection

Author: HeMin
Tutor: LiuZhiHui
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: migrant workers labor rights judiciary affirmative protection
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 0
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Abstract


As the socialist market economic system gradually improved, highlighting the growing role of market regulation, labor market adjustment to the transfer of surplus rural labor to urban areas increasing the speed, and gradually formed a huge number of migrant workers. Labor rights of migrant workers is a necessary condition for their access right to life, loss of labor rights, their survival, there is no guarantee. In real life, labor rights of migrant workers is a well known fact been infringed, and is against the many forms, one after another. Labor rights of migrant workers involved in the dispute by the number of violations in the judicial practice is also on the rise. In this state, the judiciary idea what labor rights of migrant workers to strengthen the protection of great significance. Fun judicial task is only scheduled to compete and achieve social equity, justice and benefit to the law of equality of each subject, the process is running in the judicial process, the judge as a "legal imperial princes" palm Secretary justice, social justice can not but consider the auspices of the extent permitted by law, tilt protection of vulnerable groups as the legitimate interests of migrant workers.In addition to summary and introduction, this paper is divided into five parts. The first part of the problem, described by the labor rights of migrant workers against social reality. The second part is the labor rights of migrant workers injured the judicial investigation. The author of this year, where the court accepted all of the 711 cases of labor disputes thoroughly, pick out from all the labor disputes involving migrant workers to inspect 210 cases, the migrant workers come to work five problems signing rate is low, and then propose labor rights of migrant workers injured judicial judgments. According to previous study findings obtained to solve the problem of migrant workers lack confidence in the administration of justice in three judicial judgments. Part IV describes labor rights of migrant workers protection in the judicial field theory inclined, mainly from human rights theory, the weak theory of justice, the pursuit of substantive equality and social resources to make up for injustices of migrant workers to demonstrate the four aspects. The fifth part is the labor rights of migrant workers protection in the field of justice tilt macro ideas, from the dispute resolution function, to explore the referee based on the use of trial proceedings, in cases dealing with four aspects of the entity discussed. Part VI describes tilt labor rights protection of migrant workers in the trial practice of the seven specific practices. China’s current labor laws and regulations lag behind the development needs of trial practice, trial practice, there are always inevitably have a different understanding and approach. When the law expressly provided, the trial according to law for granted. However, when the law is unclear or the existence of different interpretations, in the specific trial should be inclined to protect the labor rights of migrant workers the principles of physical treatment.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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