Providing legal aid for migrant workers is a national mission

    Sociologists say that, whether a country has the hope and future, young people's mental state, the people of Chairman Mao in Moscow with China students, a famous speech: the world is yours, also is we, but is your final Jiedi, you are the sun at eight or nine in the morning, hope in your body. In Chinese officialdom, engaged in the work of Youth League leaders, because of their young, no complicated social relations and conflict of economic interests, League cadres, make mistakes less, relatively rapid progress.

   Economists say, at a state of the economy and the trend of the stock market, should see, in recent months, the stock market has been in China "swinging" state, the stock hit a record high number, today to increase the stamp tax, the market began to fall down, I do not know who is trapped. I'm really for those concerns on wage income, accumulate money not easily, the want to earn points, the results of compensation, the others carnivorous, but, then again, without their intervention, and who make big money

   Author thinks, whether a country ruled by law, in legal society, see the country have not have perfect legal aid system. A foreign lawyer said, after the Second World War, the most important revolution in the world legal field, is universally established the legal aid system. I am not a legal experts in the field, I do not know whether it is true. But with legal support and assistance for the weak, it is the state's responsibility and mission, function and meaning is indeed very realistic, especially for the provision of legal aid for migrant workers at present, is the social progress, need of development. But at the same time, I personally think that:

    A migrant workers, to provide legal aid only now is a more difficult work

    China is a large agricultural country, the farmer has been occupied the vast majority of the population, in the face of natural disasters and man-made fight, in the home life intolerable, went out to make a living, called "refugee" in history, they China history and social development has played a huge role in promoting, but at the same time, the master is not good, will also play a certain destructive effect; several large-scale peasant uprising in history, the main is generally have these "refugees", they are dry, met Chen Sheng, Wu Guang, Zhang Jiao, Li Zicheng, Hong Xiuquan as the leader of one brandish, arose, break a world again, the change dynasties tool. Han Liu Bang, the Ming Dynasty Zhu Yuanzhang is building its own power by the peasant uprising of the emperor, but for thousands of years history, the social status of farmers has not been fundamentally improved.

   After the founding of new China change and improve the status of the farmers, as were their main, but there are still three major differences, especially between urban and rural difference, still put them in their own land, do not let them into the city, mainly on the aspects of the various controls to achieve. One is the food control, city people only to supply food, enough to own one family to eat, you want to enter, sorry, you have no food, even if you want to go to the field, to the national circulation of food stamps; two is to register in the living, not the letter of introduction, who also dare not let you live three points; business, you must earn workpoint, feed you and your family.

    We should thank the party's 11 plenary session of 3, in 1978 after the reform and opening up, only to the vast number of farmers to provide opportunities and conditions, and gradually to the peasants in city to obtain the right to survival and development, until in 2005 the State Council promulgated the document No. 5, fully affirmed and establish a role for migrant workers to economic construction and the development of our country, and from the law further defined the status.

   The name of migrant workers, with a neutral color, can be said to be the product of the times, the background, against the background of such a group, in order to get rid of the embarrassment of the existence, they are in order to find a paid job, found in order not to lose the job, not to bear the city no one to do, the dirty, tired, the hard work, but does not free and city society's formal organization and system, while engaged in some physical labor, but does not belong to the working class in one. At the same time, belonging to the amorphous state to a certain extent, can not be denied, it also bear some quality is not high town of discrimination and unfair, unjust treatment; to work to make money, as unalterable principles, but some people just don't give people money, when they meet economic disputes and other rights are infringed, and dare not, no, not to stick to their rightful claim, to compromise, default and swallow humiliation and bear a heavy load, was forced to accept the imposition and unfair treatment of their own, really pushed, others by taking radical measures, such as the implementation of crime, or to take his own life at stake, the threat of Dutch act, to maintain their own should by rights, not only let himself in danger, but also a great waste of public resources; but let them from the beginning to pick up the legal weapons to defend its interests, theory should be, but the cost is too big.

   Now it seems, migrant workers has become a long-term strategic issues facing a country. We want to build a well-off society, we must transfer of population from rural to city, otherwise, is difficult to achieve; in this process, the British, the French for 200 years, they used the "Happy Valley enclosure" is a kind of way, Japan and South Korea in 80 years; Chinese with economists analysis and prediction, the fastest also in 50 years.

  The problem is, in the process of the transfer, transfer is not a simple person, which has complex political, economic problems. Such as the concept of migrant workers not only save is an employment concept, is a series of problems to a civil rights and the status of implementation, including the issue of human rights, the arrears of wages of migrant workers, the surface is a question of money, is actually the rights of citizens can be implemented problems. Report of the Seventeenth National Congress of the Communist Party of China, also is mentioned three times in the issue of migrant workers, we can see the importance of this problem.

(a), sued the lack of evidence, the case handling difficult.

   Through the case, we found some disputes, migrant workers and employers for the case, although simple, but the legal procedure is complex, the payment of wages for example, wage claims for ordinary creditor's rights, have two years of aging, but must first apply to the labor dispute arbitration application, then, to prosecute, the former aging for six months the latter, for 15 days, the two together for 195 days. Also, migrant workers and employers, no arrears of wages, or industrial disputes, need to prove between the two sides of the labor relationship, but in reality, migrant workers and employers are not signed labor contracts, despite the fact labor relationship, but need evidence to prove the existence of such a relationship, and this kind of evidence for example, attendance, payroll and so on, are mostly in the hands of the employing units, sometimes, between the two sides have only some verbal protocol and some migrant workers to do their own cards. Therefore, this will give aid lawyers have brought great difficulties, especially the industrial injury cases, the employing units in the event of an accident is tried prevarication. We have no reason to doubt the honesty of migrant workers, they will never have to pay, so, all in simplified procedures, no written evidence and reason, as long as you say, a unit or someone owes you pay, the relevant units will help you recover, this is the head of the government must do.

(two), through mediation, the parties and lawyers swallow humiliation and bear a heavy load.

    The survey found, mostly migrant workers legal aid cases because through arbitration, litigation time is long, complicated procedures, high cost, many migrant workers are not drag on, together with the relative lack of evidence, the little hope wins the lawsuit, is to win, the execution is a key problem. So, can only be resolved through consultation with the employing units, namely the mediation, but the negotiation process with the employer, often encounter many difficulties, the employer is aware of the difficulties, will find all kinds of reasons to hinder the case, does not see, does not fit, even speak no less, making aid lawyers met great obstacles in the process of case. There is no doubt, in the course of business, there is a shortage of funds chain is a very normal thing, but we should be "not poor poor education", clearly no money to give migrant workers wages, because they have to bring home the Bacon 'is more important to distinguish the nature, to those who have the money not to malicious arrears, units and individuals, shall be investigated for criminal responsibility, because it is in the making of social instability.

(three), to the reality that the labor contractor special status

  The farmers out of work, organized less, mostly recommend one person or to do with a man, not directly on the unit, the middleman, is labor contractor; the occurrence of wages, migrant workers to find him, we deal with the case, there is a lot of labor contractor to Taoxin, if in accordance with the provisions of assistance act he does not belong to the scope, aid, not aid conditions, but leave him and difficult; the fact is, if not He Xi fled words, labor contractor is not the default arch-criminal, only a part of the whole on the chain, we should clear the legal status of contractor, but should give him what kind of a place the mud? Some labor contractor is "a mouse in a bellows, two bullied", to money is God, not money, is the grandson, disowned dogs dog, especially in the current employment system is not yet perfect migrant workers, before the farmer identity can not become a citizen identity, to recognize the special status of labor contractor in the social reality.

(four), migrant workers legal aid publicity is not in place

   Regional survey based on construction sites, markets and other migrant workers are relatively concentrated, 47% migrant workers have heard of legal aid, 26% migrant workers know the service content of legal aid, the rest is strange to legal aid, more than 70% migrant workers do not know legal assistance hotline. As can be seen, the legal aid propaganda has not reached the ideal effect. However, we have no effective way and method, because they do not have a tissue, even if is issued, no organizations and groups to take the initiative to communicate, some contractors have "headworker governance, labor are governed" career to think about, it seems, the news media is the main channel, should be issued publicity materials in the the site. In addition, to positive propaganda their positive image and advanced deeds.

(five), and strive to obtain the overall total supply and demand balance.

   At present, there are 1, about 500000000 migrant workers nationwide, due to the subjective and objective reasons, they go to work, earn money to pay the physical, although labor is glorious, but the economic base determines the superstructure, the material determines the spirit, their weak position in the society, not a short period of time the substantive changes, the majority of migrant workers the town, can only choose to engage in low income, have certain occupation risk, but also significantly unequal status and the employer in the labor remuneration, recourse, workers' compensation, illegal remove labor contract, a labor dispute phenomenon in rural migrant workers, natural inevitable. If disputes arise, due to the unfamiliar, it doesn't matter can be used, no consensus down the result, only through legal proceedings, they did not get the money, most of them need legal assistance.

   From the investigation of the situation of migrant workers, the demand for legal aid, obvious downward trend appears in the next period will not: one is to reduce the number of migrant workers in the next few years will not significantly. Moreover, the rural surplus labor is transferred to non-agricultural industries and to cities and towns, this is one of the route one must take China to achieve modernization and well-off society. Two is the migrant workers rights and interests have been infringed, is still serious, 15, qianzhaihaiqian, when the city of "working people" monthly pay, as the sun comes up in the East as natural, migrant workers are generally were low wage arrears, the deduction, trouble. Those not malicious wages to the villain, always appear, should be punished, they undermine the socialist construction of a harmonious society. The three is with the scope and conditions for further relaxation of migrant workers legal aid, legal consciousness unceasing enhancement, the demand will also increase. According to statistics the city migrant workers legal aid center, request wages and compensation for work-related injury cases, accounting for about 70% of all cases. Although the number of legal aid to migrant workers in the sustained growth, but affected by many factors, among the whole society for migrant workers legal aid supply and demand imbalance, single, some places are still not in place. The west of China a serious lack of individual county, lawyer.

(six), let the migrant workers to pay "unreasonable" word

    Wang in a supermarket job, knowing that the proposed supermarket charge 500 yuan deposit is wrong, but he had to accept the jobs, such and such a thing, we are helpless to the surface, the two sides is voluntary, but the actual force with nature, is the terms of overlord. Henan Ji workers Zhang in the county to work, was introduced and a construction team signed labor contracts. The provisions of the contract, the construction team on the occurrence of accidents during work shall not be responsible for. In July the same year, Zhang in the painting, accidentally fell down from the scaffold 5 meters high, it falls on the wood pile, life is saved, but fell into the right lower leg fracture. Although there are legal aid intervention, but still bring great difficulty claim work. In a youth, a student run Economic Corporation as a dustman, unfortunately killed, but the student is to borrow money to do business, finally, find the student's father, for migrant workers to discuss certain compensation. These problems, the surface is reasonable, but it is not, it is not fair.

  Through the survey on 50 migrant workers is the default, disputes, complaints or to the relevant departments, choose the former accounted for 66%. Investigate its reason, is mainly due to the current surplus of labor, the employer a great choice, is to use market premise, migrant workers in a weak position, is to find a paid job, in order not to lose the job, their choice of space and room is very small, especially in the home of much-needed money period it is very hard to call them, say no to unreasonable treatment. Knowing that employers do not sign labor contracts with their own, knowing that the contract clearly against the adverse themselves, can only be a passive acceptance; knows is the high-risk types, also does not have the necessary labor protection, such as mining work cubs, in order to make a living, in order to earn more money, can only choose to agree. To them, we can only increase the protection, because they are our brothers. We have a responsibility, also has the duty to bear.

(seven), to reduce the high cost of the obstacles adults.

   Investigation shows that, when the rights and interests have been infringed upon, many migrant workers are reluctant to use legal procedures to maintain. The legal aid center of Yuhua District, a lawyer said, although the relief of the legal service fee to party, but migrant workers must first pay the arbitration fee, litigation fees apply for labor arbitration or litigation, such as relates to industrial disability also pay disability grade appraisal cost, relates to the medical accident identification of medical fees to pay. In the case of compensation for migrant workers common inductrial injury, traffic accident, personal injury, migrant workers are in urgent need of medical expenses, requires the court to apply for advance execution, the court must request the migrant workers provide property security, migrant workers have income is low, can not afford to pay the medical fees, if unable to provide property security, some bad business or obligor can easy transfer of property. Because of some migrant workers can not afford to pay for medical expenses, but dragged the disability body leave the hospital. Some hospitals because migrant workers can not afford to pay medical expenses and refused to invoice disease certificate, medical expenses, resulting in the lack of migrant workers arbitration or litigation evidence.

   Two, the whole society to strengthen, protect the legitimate interests of migrant workers is very necessary

Safeguarding the rights and interests of migrant workers, is the need of the society ruled by law, is the need to go straight towards well-off, is to build a harmonious society, the reactive power in the contemporary, will benefit future generations, both profound and far-reaching significance in reality, Premier Wen Jiabao said, a fleet decided he speed, which is not the fastest ship, but which one is the most slow. Legal aid the role, is to help the slow to catch up with the fleet. Even if you are a middle class, the petty bourgeoisie, if not the majority of migrant workers brothers into the city, we do what we generation to people who do not want to do, never will be beautiful and glorious city, so today, each person, as the city's profit, should further enhance the consciousness and initiative for the majority of migrant workers service liability, no side band. We should:

  First, to strengthen the propaganda, improve the social status of migrant workers

   Enhance the self-protection awareness of migrant workers and labor units legal concept, is to prevent and reduce lead, a major way to the legitimate rights and interests of migrant workers injured so to top-down, increase publicity and education efforts, let the tort can not, dare not happen, especially labor units, the illegal cost increase, avoid the phenomenon of infringement from the source; actively organize relevant departments, migrant workers in the more concentrated regions, migrant workers to carry out legal advocacy, advisory activities regularly or irregularly, conditional Legal Aid Center, law firms, we should set up a migrant workers free legal advice hotline. At the same time, social contribution and efforts to promote migrant workers have made for city construction, advocate and the formation of new social respect, treat them, constantly improve the social status of migrant workers.

  Second, make full use of mediation organizations at all levels to mediate

  Providing assistance through legal aid institutions, is the last ditch, is the last line of defense to solve the problem, back in the Chinese nation traditional virtue of harmony, the lawsuit time is long, cost high, to the society a lot of unnecessary burden also caused, I argue that more, can take a non litigation business, through the mediation of timely, convenient, solve problems and contradictions. Therefore, to make full use of mediation organizations at all levels, to safeguard the legitimate rights and interests of migrant workers, adjusting the organization at all levels, to safeguard the legitimate rights and interests of migrant workers as an important duty to catch. Especially to rely on the trade union organizations, to protect, to maximize the maintenance of their own legitimate interests.

  Third, the government should provide financial support for the legal aid for migrant workers.

State law makes clear a regulation, legal aid is the responsibility of governments at all levels, therefore, governments at all levels shall provide legal aid funds, one can't make bricks without straw, leaders know, for the work of the consciousness, to a certain extent, determines the progress of the work. We can think about, if you have no money Huizhen sample, if you will happen to my family? So, no funds, to solve the problem of funding as soon as possible, the legal aid funds included in the budget, should be on the basis of this, and gradually increase the amount of increase, the real protection of migrant workers legal aid work normal development and effective operation.

    Fourth, pay attention to the maintenance of the dignity of being aid

   The competitive mechanism of market economy, plus the difference between people and people, the wealth in certain period of inequality, is normal, even if the economy developed capitalist countries, inevitably, this kind of phenomenon, but also to the vulnerable groups, their aid is ten points into the national assistance to vulnerable groups; of, is that the state should responsibilities and obligations, not not essential, not just, more is not charity, we are a member country, have the right to enjoy. China development and progress, to realize the great rejuvenation of the Chinese nation, cannot do without the common prosperity. Therefore, to provide legal aid to migrant workers, to fully reflect the people-oriented, reflect human nature, to respect their personality, the protection of human rights is the value origin; legal system. Our country constitution "stipulates:" the state respects and safeguards human rights. Economic poverty, should not have equal status, will not affect people in the law.

   Fifth, explore the new mechanism of legal aid services, enhance actual effect of migrant workers rights

  One is to adopt various forms to provide legal aid to migrant workers, maximum effect with minimum input. We are on the case occurred in the city, but the party has returned to his country and through the mail to apply for legal aid, the audit is true, also accepted the application and give aid to reduce spending, litigant rights. Take him, and litigation guidance services, rights protection effect. That is relatively simple, the merits of the case facts are clear, or target smaller cases, generation of writing for the labor arbitration complaint or civil complaint, the relevant legal basis a copy to the applicant, and guide them to the relevant departments to file a complaint or lawsuit. Save legal aid resources, extensive use of non litigation mediation, litigation reduction, lower the cost of protection, prevent some enterprises use the procedure delay to fulfill legal obligations, as soon as possible to restore the loss of migrant workers. To change after the rights to advance the initiative rights, prevent and reduce the occurrence of violations of the legitimate rights and interests of migrant workers from the source. The work of safeguarding rights is more close to the actual. Two is the establishment of collaborative mechanism, establishing the cooperation mechanism between the input and output of the legal aid institutions, jointly safeguard the legitimate rights and interests of migrant workers. Output to legal aid institutions in accepting migrant workers legal aid application, according to the provisions shall be handled by the input of legal aid agencies, can in the understanding of the basic conditions of the applicant identity, economic difficulties, the case, should be promptly to the input to the legal aid institutions to apply for and related materials. Can the case investigation and evidence collection, coordination of relevant departments, the service of legal documents and other matters provide collaboration between input and output to the legal aid institutions. Salary. Three is in good case rights at the same time, through the case handling to facilitate the protection of migrant workers' rights laws and policies, to help more the role of migrant workers groups.

   Sixth, we should firmly establish the awareness of "governing for the people". "Governing for the people" is the tenet of our party, it is a basic principle of every civil servant and legal workers should follow. Especially for the legal aid workers, enhance the consciousness of "governing for the people" is more important, because the main object of work we are poor, is weak, is more in need of care and help group. We only have to deep feeling and high quality legal services, satisfy their need for law, this should become our working standards.

  At the same time, to set up "to enforce the law" consciousness. We are engaged in the legal aid work is for the fairness and justice of society, is to ensure that "an important legal system that everyone is equal before the law". Poor people to safeguard their legitimate rights and interests of the last bit of hope and our legal aid workers. Firmly establish and enforce the law impartially consciousness, adhere to administration according to law, in accordance with the law principle should become the sacred mission of every migrant workers legal aid workers. Three to firmly establish the "overall situation" consciousness. The "overall situation" is a concentrated reflection of the interests of the party and the people, serve the overall work of the party and the government. Legal aid is a specific judicial administration in the overall work, to serve the construction of harmonious society and the overall situation of economic development, the starting point and find work; two to the legal aid work migrant workers into the judicial administrative overall, and subject to the Regional Centre; three to establish a "aid" concept in the way of thinking, we are working for the good of the country, is the glorious cause, not for a group and interest class service, we are not "fight in isolation", we must be good atMobilize the enthusiasm of aspects, jointly do a good job in this great historical mission.