农民工权益的刑法保护与完善

Legal Protection of Migrant Workers' Rights and the Improvement of Related Law Clauses

我国刑法通过多次修正,规定了重大安全事故罪、重大责任事故罪、强迫职工劳动罪等罪名,构筑了农民工权益的刑法保护体系。但刑法在罪名设计上存在犯罪主体缺失,自由刑偏低、刑种单一,过失危险犯未能入罪等问题,又制约了农民工权益的保护,所以有必要在刑事路径建构中予以完善。

After several amendments to the Criminal Law and the addition of crimes of causing major security accidents and major responsibility-related accidents, and forcing employees to work, there has been built a criminal law protection system for migrant workers' rights and interests. However, the Criminal Law still has a number of shortcomings: the absence of crime subject in the design of the titles of crime, too lenient sentences, too few types of crime, and offenders of negligence not being criminalized. These shortcomings restrict the protection of migrant workers' rights and interests and so it is necessary to improve the Criminal Law.