农民工权益司法保护研究

发布时间：2018-09-18 07:33

【摘要】：本文提出农民工面临的现实问题和现行法的不足,论述了转变政府和百姓传统诉讼观念的必要性以及完善立法和制度建设的紧迫性。本文共由四章内容组成。第一章为导论,第二章为农民工权益司法保护的概述,第三章为农民工权益司法保护的立法现状及存在的问题,第四章为改进我国农民工权益司法保护的理念与制度的构想。在本文中评析了劳动案件的“先裁后审原则”、“劳动案件举证责任分配规则”,认为现阶段仍然坚持“先裁后审原则”,进一步完善劳动案件举证责任分配规则。在民事法律中设立雇佣合同规则来弥补“先裁后审原则”的不足,正确认识劳动关系和雇佣关系的异同。在保护农民工政治权利方面设立选举诉讼、宪法诉讼,设立专门的选举法庭。通过选举诉讼解决公民选举权与被选举权的争议。通过宪法诉讼保护农民工及其子女的文化教育权方面的争讼。在城市市区设立农民工权益代表组织,为保护农民工权益提供服务。完善劳动行政监察制度,加强对用人单位的监察力度,保障农民工的合法权益。完善法律援助制度,为农民工提供简便、成本低的法律服务。
[Abstract]:This paper points out the practical problems faced by migrant workers and the deficiency of the current law, and discusses the necessity of changing the traditional concept of litigation between the government and the common people, and the urgency of perfecting the legislation and system construction. This paper consists of four chapters. The first chapter is the introduction, the second chapter is the summary of the judicial protection of the rights and interests of migrant workers, the third chapter is the legislative status and existing problems of the judicial protection of the rights and interests of migrant workers, and the fourth chapter is the conception of improving the concept and system of the judicial protection of the rights and interests of migrant workers in China. In this paper, the author analyzes the principle of "first adjudication before trial" and "the rules of distribution of burden of proof in labor cases", and holds that the principle of "first adjudication before adjudication" should be adhered to at the present stage, and the rules of distribution of burden of proof in labor cases should be further improved. The rules of employment contract should be set up in civil law to make up for the deficiency of the principle of first adjudication and then to understand the similarities and differences between labor relations and employment relations. In the protection of the political rights of migrant workers set up election proceedings, constitutional proceedings, the establishment of special election courts. The dispute over the right of citizens to vote and to stand for election was resolved by election proceedings. To protect the cultural and educational rights of migrant workers and their children through constitutional litigation. Set up representative organizations of migrant workers' rights and interests in urban areas to provide services for protecting the rights and interests of migrant workers. Improve the labor administrative supervision system, strengthen the supervision of employers, and protect the legitimate rights and interests of migrant workers. Improve the legal aid system to provide simple and low-cost legal services for migrant workers.
【学位授予单位】：河南师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5

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