宪政视野下农民工问题研究——以农民工的权益与政府职能关系为视角

Research on the Migrate Worker's Problem in Constitutional Field of Vision——Based on the Relationship between Migrate Worker's Interests and Government's Duty

农民工权益受损损害的决不仅仅是几个农民工,也不只是整个农民工阶层,其最终影响的是整个社会利益。行政机关代表公权力,公权力的本质意义和作用之一就是保护社会整体利益和个人私益。但行政部门似乎成为一方利益实体加入到经济政治的博弈中来,这无疑于其担负的行政职能目的有所背离。所以身为政府和政府官员,在市场经济中应是管理者、协调者和监督者,而不应作为一方经济实体参与到市场经济中的博弈,尤其不能对经济发展过度干预以谋求自身利益。

The damage of migrate workers' rights and interests is not only harmful to several migrate-workers and the class of them, but also influential on the whole society's benefits. Administrative services represent the public power, one of whose essential significances and functions is to protect the interests of the whole society and individuals. However, the participation in the 'game theory' of economy and politics in behalf of itself would undoubtedly go against to its functions and aims. Therefore, as the government itself and its officials, they should administrate, coordinate and supervise the market, rather than take part in the market economy as an interest group, especially should not make excessive interference with economy to pursue their own benefits.