农民工法律维权探究——以皖北农民工群体调查为例

Exploring the Legal Defense of Rights of Migrant Workers——A Case Study of Migrant Workers from Northern Anhui

农民工为城市建设作出了重大贡献,但农民工因自身受教育程度不高,其自身的话语权受到其教育水平的影响,法律知识的缺乏,使其在处理问题时要么妥协退让,要么铤而走险,以极端的方式来进行维权;传统社会文化中对无讼倍加推崇,在某种程度上制约着农民工拿起法律武器来维权,政府在政策制定的设计上,某种程度上忽略了农民工的利益诉求;农民工在社会保障等方面的缺失,也影响着农民工维权的效果;农民工拿起法律武器来维护自己的合法权益,需要在法律的范围内维权,和谐维权是农民工维权的正确出路,在维护自身合法权益的同时不影响他人的合法权益,进而促进社会和谐发展,增强农民工对党与政府的政治认同。

Migrant workers have made significant contributions to urban construction, but due to their low level of education which affects their discourse power and their lack of knowledge of the law, migrant workers in dealing with legal issues either choose to compromise or take the risky and extreme approach. The traditional preference for non-litigation in China has also, to some extent, restricted migrant workers from adopting the legal weapon to safeguard their rights. In policy-making, the government sometimes neglected the interests and demands of migrant workers; the absence of social security and some other welfare for migrant worker also affects their right defense. For migrant workers who appeal to the law to protect their legitimate rights and interests, it is necessary to know the boundaries of their legal rights. The correct way is to defend in a harmonious way and respect the legitimate interests of others. The harmonious development of society will enhance the migrant workers＇ identification with the Party and the government.