农民工政治权利保障法律对策研究

发布时间：2018-06-25 03:27

本文选题：农民工 + 政治权利　；参考：《信阳师范学院》2010年硕士论文

【摘要】： 随着改革开放的不断深入,我国经济社会进入一个新的发展阶段,农民工是我国社会转型期中出现的一个特殊群体,他们离开家乡,走向大城市,寻求新的生活,为城市的发展做出了不可磨灭的贡献,他们已成为我国工人阶级的重要组成部分。谈及农民工的权利,人们首先想到的是社会、经济权利,而政治权利往往被忽视。殊不知政治权利的实现是其他权利得以实现的前提。只有拥有了政治上的发言权,才能从根本上扭转农民工权利流失的现状。在我国,由于特有的“城乡分治、一国两策”的国家治理体制,农民进城基本上是“移而不迁”,身份转换滞后于地域和职业转换,农民工不管在城市还是在乡村都没有具体的制度来保障其政治权利的实现,农民工的政治权利实际上处于一种“悬空”状态。农民工受教育程度普遍较低,思想观念落后,经济收入也比较低,政治意识淡薄,我国目前也没有完善的法律机制来保障农民工的政治权利,这就导致了农民工行使政治权利面临许多困难。在依法治国被正式写入宪法,法治成为流行话语的当下中国,运用法律手段保障农民工的政治权利,既符合目前举国上下都为建设社会主义法治国家奋斗的基本格局,也是包括实务界和理论界在内的法律人士贡献自己智力资源和力量无法回避的使命。首先要树立以人为本的法治理念,提高农民工的法律素质；其次,完善相应的法律法规：修改《宪法》、制定《户籍法》,使公民有迁徙的自由；完善《民事诉讼法》选民资格诉讼程序,依法查办损害农民工政治权利案件;第三,完善农民工社团组织的法律法规,促进社团组织发展,增加农民工在人大政协的席位；第四,吸收农民工做陪审员、监督员,加强农民工的司法监督权。
[Abstract]:With the deepening of reform and opening up, China's economy and society has entered a new stage of development. Migrant workers are a special group in the transition period of our society. They leave their hometown, go to the big cities, and seek a new life. It has made indelible contributions to the development of cities, and they have become an important part of the working class in our country. When it comes to the rights of migrant workers, people first think of social and economic rights, and political rights are often ignored. However, the realization of political rights is the premise of the realization of other rights. Only with a political voice, can fundamentally reverse the status quo of the loss of migrant workers' rights. In our country, due to the unique national governance system of "partition of urban and rural areas, one country and two policies," farmers basically "move but do not move" into the city, and identity transition lags behind the regional and vocational transition. There is no specific system to guarantee the realization of the political rights of migrant workers in cities or villages, and the political rights of migrant workers are actually in a state of "suspending". Migrant workers generally have a low level of education, backward ideology, low economic income and weak political consciousness. At present, China does not have a perfect legal mechanism to protect the political rights of migrant workers. This has led to many difficulties for migrant workers in exercising their political rights. When the rule of law was formally written into the Constitution and the rule of law became a popular discourse in China, the use of legal means to protect the political rights of migrant workers is not only in line with the basic pattern in which the whole country is striving for the construction of a socialist country ruled by law. It is also an unavoidable mission for legal personages to contribute their intellectual resources and strength. First of all, we should set up the idea of people-oriented rule of law, improve the legal quality of migrant workers; secondly, improve the corresponding laws and regulations: amend the Constitution, formulate the Household Registration Law, so that citizens have freedom of movement; Perfecting the voter qualification litigation procedure of the Civil procedure Law, investigating and handling the cases of harming the political rights of migrant workers according to law; third, perfecting the laws and regulations on the organization of migrant workers' associations, promoting the development of the social organizations, and increasing the seats of migrant workers in the CPPCC National people's Congress; Fourth, to absorb migrant workers as jurors, supervisors, and strengthen the judicial supervision of migrant workers.
【学位授予单位】：信阳师范学院
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.5

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