Beijing migrant workers and American laborers

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   Recently exposed to a very bad things. Henan Nanyang farmers hospital was 18 years old to work in Beijing, do the stevedores in a building materials company in Tongzhou District. He worked in this company for 5 years, however, has not signed labor contracts. In 2007, college was just founded after a car crash in Beijing City, Fengtai District, he was in charge of handling car, belonging to the operating time, hospital just died. Before the Institute built before death, mentally ill wife just lost, home leave a nobody to look after the son.
   Hospital only brother school building was in Guangzhou when the chef, a monthly income of 1500 yuan. That brother news, school building came to Beijing, he want to do two things, one is to ask for compensation to the driver, the two is to ask for compensation or pension to brother used to work building materials company. Hospital building said "no, I couldn't not. My brother is now the boss for five years. In five years, even if it is a small animal also have feelings? Look at this feeling is the compensation of a minor child?" Hospital building that do these two things are not complicated, he hoped that through these two things, for the small nephew left alimony, he can go back to work in guangdong. However, his thought is too simple.
   Do not sign labor contracts with the migrant workers is widespread, as a result of this is in recent years to America learning.Union enterprise is USA capitalists as a burden, some new America enterprises, especially enterprises mainly to sales, marketing, are not signed labor contracts with employees, but is legal.The world 500 strong enterprises WAL-MART staff treated bad attitude is famous all over the world. The capitalists to escape responsibility for the staff and a new method is franchising, headquarters only sell business model and specification, and all the store employees have no labor contract relationship. Similar to the evasion of responsibility has also spread to the China. Moreover, in order to attract foreign investment, many local governments in the labor safety, labor protection and compensation for casualties on both sides, foreign capital. This approach also extends from foreign investment, joint ventures to domestic private enterprises.
   Therefore, school building to get compensation for his brother, first of all to prove the labor relationship and the building materials company. Only this one thing, hospital building has spent a year. To this end, he lost the job in Guangzhou. The labor relationship, and after half a year, hospital built before death was identified as work-related death. Hospital building think that things can be done, but in accordance with the provisions of laws, labor arbitration commission, after receiving confirmation industrial employer, if you have any questions on the confirmation, can have 60 days time, the administrative litigation. If beyond 60 days, the employer has not put forward administrative litigation, labor arbitration committee may register. After 60 days, hospital to the original work of the enterprises did not put forward the administrative proceeding to inductrial injury, labor arbitration committee was formally file. However, school building right now that the original work, brother enterprises had been cancelled, that is to say, the law allows 60 days, enterprises Dutch act. Labor dispute arbitration committee cannot occur, filing is made. Hospital building is no way, had to sue to the court of the original enterprise boss. And at this time, hospital building heard, the original owner to divorce, to all of his possessions to his wife and children, property transfer, his name will not have any property. At present, school building is the matter and misery.
   In order to engage in a lawsuit to dead brother, hospital building lost to Guangzhou after working in Beijing, Tongzhou found a small security work. During the day as his brother a lawsuit, patrols in the area at night. Two years, hospital building only a pair of leather shoes are worn out, but, he didn't have the money to buy a pair of, even the quilt is a gift. Hospital building is not high income, in addition to sleep eat, the other is spent in the transportation fee, material fee, telephone fee, all kinds of bus ticket got half a sack. Institute of building up, within two years, losing his job, plus the overhead, a total loss of 50000 3000 yuan. He did not know, even if the court verdict, get compensation, can recover the cost of law itself? But to the small nephew leave how many money?
   Many people often shouting to improve the legal system, the words from the large sense, yes. However, we hear people talking, in addition to truth, but also hear overtones. One reason is obvious: if the rich people say, or is a rich man's penster say so, perfecting the legal system generally is complicated, cumbersome legal. The result is, the rich can in legal costs (including money and time cost) down the poor. Even a poor not being worn down, eventually the compensation, however, difficult and expensive legal inevitably makes the other against the poor, for the law. Shenzhen was once a for migrant workers rights lawyer Zhou Litai (now return to Chongqing), this deep feeling, but also by the bitter. Zhou Litai himself for the labor lawsuit is to cost, the original Zhou Litai also by "the risk of litigation" approach, to obtain their own costs and returns from the compensation in proportion. But, then, "the risk of litigation" approach is not allowed, Zhou Litai engage in a lawsuit for migrant workers things cannot continue, he did not lose money, had to do a little free legal advice for migrant workers. Since the attraction of foreign capital as a top priority, contempt for the protection of labor rights, has become a more common phenomenon. In essence, this is the one thing that most welcome foreign capitalists, but also cater to foreign capitalists results. Although there are many kinds of laws, however, the high cost of law, the law is more conducive to the rich. Everyone is equal before the law and the slogan, the money involved, often only empty talk.
   Migrant workers hospital building, hospital only brother encounters, reminds me of a century ago America. 100 years ago, many city USA occurred in Chinese tragedy, in American hard-working laborers, some were killed, some were wounded, and a large number of property was destroyed. I Chinese "no model" in one book, a simple about this problem. There is a word in the book:"When China government to America representations, USA no mention of human rights, for a little while, the federal government cannot manage state; for a moment and then said, local police received no persecution of Chinese report; for a little while, the door is always open to a Chinese court, dissatisfaction and complaint, can USA court." (from "Chinese no example" page ninety-fifth).In the "China no example" in a BookThis problem has not launched the,,, by the Beijing migrant workers rights thing, say a few words.
   In 1880, USA occurred in the city of Denver in Chinese riot case, more than one thousand whites gathered up, and killed a Chinese, and rampant pillaging, Chinese property losses of more than $50000. When the Qing government in the American minister Chen Lanbin in Denver received the case after the report, protested to the State Council for the Chinese America, loss, punish the murderer, and implement the necessary protection for other chinese. At the time of the American Secretary of state Ivaz (William Evarts) in December 30, 1880 China minister said reply, American president and America state are angry, but, he said, American government is not responsible for the local government and individual behavior. Historically, Chinese ambassador to the United States on the "Denver case" to America government issued a note, isA serious protest China history first time to America issued by the government, but no results. Since then, American exclusion behavior becomes more and more fierce.
   One of the most serious incident occurred in 1885 of the Rock Springs (Rock Springs), a romantic and beautiful name. When the white miners to strike, the Chinese do not want to participate in the white miners strike, so, white miners to China implemented savage attack, causing the Chinese 28 people dead, 15 seriously injured, property loss of more than $14. The local government for the massacre USA completely to stand trial in a court of law, afterwards, also as a mere formality, the conclusion is "not judge anyone guilty". At that time China ambassador to the United States has been replaced by Zheng Zaoru, he USA government sent a note to the toughest. Because the Rock Springs at that time by directly under the jurisdiction of USA USA government, government can no longer like the Denver case, put the blame on local government head. In February 18, 1886, the American Secretary of state Bayard (Thomas Bayard) have the answer, still insist on USA government no longer has the responsibility, also rejected by the government compensation for the loss America laborers. The American Secretary of state said in reply, Chinese loss of personal property, to America court, Sue at the party. Finally, there is America President Allowed "special case", compensation for the laborers 140000 $7000.
   Since then, America incident is becoming more and more frequent, and America government response is nothing but legal language cold: USA government has no right to interfere with the local government; or "court the door wide open, whether beauty or Chinese independently for legal ruling." For USA law, at the time of the Chinese if you believe it, really to go to court, probably as a result of migrant workers in Beijing Institute of building, a number of years, eventually throw the helve after the hatchet. The Qing government sent workers to American treaty between China and the United States, is a national, based on 1888, however, the house and Senate approved the "history America Cody act", absolutely banned all Chinese laborers in the United states. A treaty between the USA domestic law and China is inconsistent, in the United States Chinese have to spend money to hire a lawyer, litigation, to USA Supreme Court however, American court ruling, but prevarication. By 1892, America again through the bill, expelled U. S. workers.
   Many people put America as legal paradigm, is apt to get USA do examples to criticize others. These two examples cited in this article, just want to explain, the law is not a panacea, perfecting the legal system is not a ready-made panacea, in money principle and interests under the guidance of the principle, then the sound law may well be unjust laws. In a money oriented society, the law does not belong to the poor. A few days ago, Hangzhou a rich children sports car killed a pedestrian, There were many discussions. Online, there is a theory that, that the father has a great contribution to the local economy, should "make up for one's error"? This argument is the reflection of the supremacy of money attitude in law. This phenomenon is not rare in the USA, for example America Simpson case, people can not help but ask, if not the soup Simpson rich, this will be the result? Moreover American a beautiful female star, for stealing prosecution, the lawsuit for a long time, spent a lot of money, the final decision of the female star to the community to do a few days volunteers. If there is no money, will be the result?
   I think, if Chinese everywhere to America science, the poor can not afford to fight the lawsuit phenomenon will become increasingly serious, legal and sound, in the gap between the rich and the poor as USA as growing conditions, the law for the poor will be increasingly meaningless. Fortunately, there are legal aid China government system. As mentioned above, the church building, if there is no legal aid, he may find even the court gate not to, not to mention the use of legal weapons. However, according to the Legal Aid Center said, they in the hospital building in this case, the direct cost is more than 7000 yuan. In accordance with the relevant provisions of legal aid case, each only 800 yuan subsidies, therefore, if the case too much, will be difficult to continue assistance center. If the legal aid center can accept, then, which entrepreneurs willing to sponsor specifically against him legal aid center? Or, if the legal aid center to receive a sponsor any entrepreneur, after receiving the associated with the entrepreneur's case, it will be objective and impartial? If the said countries should increase funding to aid center, then, take this money for the front end protection the interests of employees, not partial to business owners, not more effective? Why should the policy before and after stultify oneself?
   However, we can see, China launched a new "labor law", in the protection of the interests of employees than in the past has improved, but it was a lot of entrepreneurs, experts, scholars oppose, objections from the America parroting all staff: take care too much, will weaken the competitiveness of enterprises! When companies are private enterprises, this argument is to speak, it's obvious. So, we will be able to understandDr. America equivocate said, the poor are. A lot of pose as a person of high morals theory, sounds very nice, if we do not have more understanding of its nature, often deceived, hurt, don't know where is the crux of the problem. At least, America expensive legal, can not be China example.