农民工权益保障法律主体有关问题研究——兼析《劳动合同法(草案)》相关规定

On the Subject of the Legal Relationships in the Guarantee of Peasant-workers' Rights and Interests——and the related regulations in The Law of Labor Contract(Draft)

农民工权益保障法律关系的主体是特定主体,不是一般主体。其主体包括农民工、政府及部门和用人单位三方面。农民工为权利主体,政府及部门和用人单位是义务主体。《劳动合同法(草案)》对该法律主体问题有新的突破,这对构建和谐社会、解决“三农”问题、建设社会主义新农村都具有重要意义,但也还存在着需要反思的地方。

The subject of the legal relationships in the guarantee of the rights and interests of peasant-workers is a specific one, but not a general one. The subject consists of peasant-workers, governments with their subordinate departments, and employers. The subject of rights are peasant-workers, and the subject of duties are the governments and their subordinate departments. The Law of Labor Contract（Draft） has made a new breakthrough on the problem of legal subjects, and it is of great importance in constructing a hamonious society,solving the problems of ＂agriculture,rural areas and farmers＂ and building up new socialist rural areas. However, there still remain points to be thought of.