效率与公正视角下农民工法律维权渠道研究

Channels to Safeguard Migrant Workers' Legal Rights from the Perspective of Efficiency and Justice

农民工作为数量庞大且社会地位弱势的新型劳动大军,其权益保护是当今社会一个不可忽略的重大问题。但现行劳动监察、调解、仲裁、诉讼四大法律维权渠道都不同程度地存在效率与公正失效的问题,针对失效的原因,需要完善劳动监察维权体系、劳动争议处理机制与农民工法律援助体系,提高农民工素质,培育农民工维权组织,畅通农民工维权渠道,实现社会效率与公正。

The migrant workers are a new labor force, with a huge number but at a disadvantage in social status. However, the four legal channels to safeguard the migrant workers＇ legal rights--supervision, mediation, arbitration, litigation--have lost their efficiency and justice to different degrees. Therefore, to protect their legal rights is nowadays a major issue which can not be ig- nored. To solve this problem, we must improve the system of labor inspection, reform the mechanism of labor dispute handling, perfect the system of legal aid for migrant workers, enhance their quality, set up organizations to protect their rights, and smooth rights protection channels, so as to achieve social efficiency and justice.