外地劳动力就业的地方立法例合法性研究

On the Legitimation of Local Legislation about Employment of Influx Labor from Countryside

20世纪90年代以来,中国对农民进入城镇就业实行“公平对待、合理引导、完善管理、搞好服务”的方针。但现实中劳动就业区别城镇与农村居民的二元化政策,使得各地在劳动法颁布施行后制定的旨在限制农村居民进入城镇就业的立法例阻碍了劳动法的贯彻实施。虽然2004年以来相继废止,但对其合法性以及形成的社会背景进行研究,可以看到中国城镇与农村人口二元化劳动就业与社会保障制度政策改革的趋势与方向。

Since 1990s, China has adopted the policy of ＂fair treatment, reasonable guidance, consummate management, good service to peasants who entered cities and small towns to find jobs. ＂ But because the employment policy distinguished inhabitants in cities and villages, the local legislation in the purpose of limiting the village inhabitant being employed in the cities will hinder implementation of the labor law and seriously affect the formation of national unified labor force market. The local legislation took severe limitation on foreign labor force such as the qualification for employment, right and duty, the administrative charge and the administrative permit ion, which not only seriously encroached on the legitimate right of labor force in village but also conflicted with the labor law and constituted the discrimination in legislation. In 10 years period of execution, they reflected the social structure which neglected the rural labor force and the system discrimination in the process of social reformation. These local legislation has been abolished one after another along with the national government request since 2004, but from the research on its validity and social background, we may see the tendency and direction of policy reformation in dual labor employment of cities and the villages and the social security.