[chat record]

Host: welcome Zhang Haigang and director of the Jiang Chen law. Our topic today is "migrant workers legal aid and the construction of harmonious society". Let us first through the interview about two guests, but also about the legal aid center of Minhang District. Two guests invited to introduce yourself.

Zhang Haigang: hello! I am the Minhang District Legal Aid Center in Zhang Haigang, very happy today and you chat.

Jiang Chen: Hello, I'm Jiang Chen Quartet Shanghai law firm lawyers, very honored today together with the discussion on the subject and legal aid to migrant workers to build a harmonious society.

Host: Minhang District Legal Aid Center was named "advanced collective" Shanghai municipal judicial administrative system in 2004 and again in 2005, please introduce center director Zhang Haigang legal aid work.

Zhang Haigang OK. The legal aid center of Minhang District was founded in 1997, in 2001 October through the standardization of the legal aid center of acceptance, 7 existing staff, central office for total area of 400 square meters, divided into the reception area, office area, disabled only reception area three regional. The hardware facilities, the staff of the center unified listing reception.

Standardized operation, the center has always adhere to the "to safeguard the legitimate rights and interests of vulnerable groups put one's heart and soul into" legal aid the purpose, the full implementation of the "Five Principles", "four services", "eleven services" as the representative of the standardization of the legal aid system of internal management and external service, have established the women young people, disabled people, workers, consumers, the elderly, soldiers, 6 functions of center in the region, and in 12 the town, the streets all established the basic legal aid workstation. The legal aid center of Minhang District had earlier introduced "Thursday Judicial Bureau leadership reception day system" and "noon as usual reception" system, launched online to apply for legal aid system, the establishment of the first "legal aid lawyers volunteer corps Youth Zone in the city".

Since 1997, the center received a total of more than 15000 people people visit consultation, acceptance, assign all kinds of legal aid cases more than 1200 pieces, by people praise and welcome. Has received a total of 21 people donated banners, praise a letter more than 40 letters, thank you for calling for more than 30 months. Since 2001, the center has won the "Minhang District youth power demonstration hillock", "star soot's tear is sui thin I like star snubbed for lotus root screw is still thin I like star menthyl chime with the more you thin I get services shrimp J Hin summer afternoon each song he Jing steep thin I of Shanghai in 004? The municipal judicial administrative advanced collective", "2004 annual Minhang District civilized unit", "the 2004 year old activist in Shanghai city is advanced and collective", "2005 year Shanghai municipal judicial administrative advanced collective" honorary title. In 2005 November, the 78 lawyers "legal aid of Minhang District youth volunteer lawyers for legal aid" volunteer service work well, was honored as advanced volunteer group in Shanghai.

In 2004 September, the State Council "Legal Aid Ordinance" promulgated, the implementation of the first anniversary, "the fourth national legal aid work conference" held in Beijing Great Hall of the people, the Minhang District Judicial Bureau as the only Shanghai City, district (county) bureau of justice were commended at the meeting, was awarded the "advanced collective" the second national legal aid the title. Direct leadership of the district Party committee, district government attaches great importance to and District Justice Bureau under the good situation, formed the legal aid work "government leadership, people welcome", make a positive contribution to the Shanghai and Minhang's economic development and social stability.

Moderator: the legal aid center of Minhang District what are the main responsibilities?

Zhang Haigang: free legal advice; acceptance, assign various litigation legal aid cases; non litigation legal aid services; provide legal consulting service by 12348 legal services hotline; guidance, coordination of all the legal aid center, station of legal aid in the grass-roots.

Host: I think there is a problem, especially in the migrant workers, when they encounter the dispute of infringement on the rights, emotions are often very excited and even make a drastic move violated the law, when asked why they were not resolved through legal channels, they are often say no court requested a lawyer, but I don't know there are legal aid can help them. Two guests think what issues should pay attention to the legal aid work in foreign migrant workers?

Jiang Chen: the current labor dispute cases, judicial process time is long, the high cost of migrant workers rights difficult identification. First of all, current settlement mechanism "a cut of second" labor dispute, because of its application for Arbitration Litigation is too short, and the process of arbitration and litigation and long, resulting in some enterprises to use delaying tactics, arbitration and litigation process long, dragging down the Shanghai workers from the spirit, life. Secondly, for the required, migrant workers often have to conduct relevant identification or to provide property preservation guaranty, but because of financial difficulties and can not pay the high cost, resulting in arbitration, in a very passive position in the process of the proceedings, and even can not enter the arbitration, litigation procedure. After winning third, migrant workers, due to various reasons can not obtain compensation cases have occurred, resulting in the decision of the court are difficult to enforce, legitimate rights and interests can not be maintained.

Zhang Haigang: legal aid is an important way for the migrant workers brothers and sisters to protect their legitimate rights and interests. At present most of peasants and workers in Shanghai business culture level is low, the ego to protect consciousness and ability. Because little is known about the laws and regulations on legal aid, do not know, do not understand, when the lawful rights and interests are violated, often do not know to which department complaint or appeal, don't know how to protect their own interests by what way and method. Migrant workers because of benefits or compensation and enterprise consultation fails, the disputes caused by, not the correct guidance, often take drastic action, riot or petitions, and even lead to major incidents, bring the extremely disadvantageous influence to the social stability.

At the same time, some of the legal consciousness weak enterprise, universal existence does not abide by the labor laws and regulations, illegal labor phenomenon. If not pay attention to work safety, do not sign labor contracts, wage arrears etc.. When migrant workers recover wages compensation, etc., some owners in order to evade legal responsibility, and carry money away, leading to the legitimate rights and interests of the migrant workers can not be guaranteed.

Individual departments insufficient attention to migrant workers legal aid work. Some government departments have no migrant workers to carry out legal services and comprehensive management of social security, maintaining stability work together, a lack of awareness of the importance of this work, the migrant workers rights lack of demand does not care. Individual government agencies procedures cumbersome repetition, staff lack enthusiasm patience, but also to the migrant workers rights protection work inconvenience. Some of the functions of departments still have the idea of local protectionism, not in strict accordance with the law, take sides, refuge in the enterprise of "tolerance" attitude.

Moderator: consulting the legal aid center in Minhang District receives the time and place is what?

Zhang Haigang: the reception time is every Monday to Thursday 8:30 am - 4:30 pm; Friday at 8:30 a.m. - 1:00 p.m.. The reception venue for Minhang District Shensong road 303, zip code: 201100, telephone: 54955148.

Moderator: legal aid in the construction of socialist harmonious society will play what role?

Zhang Haigang: social harmony is an essential attribute of socialism with Chinese characteristics China. The construction of socialist harmonious society, need to a good legal environment, high quality legal service, strong legal protection as the basis, the party's sixteen session of the six plenary session of the Central Committee of Communist Party of China through the "decision" on some important problems in the construction of socialist harmonious society, put forward "to strengthen and improve the legal aid work" requirement. Legal aid is a national social vulnerable groups free access to legal assistance, the realization of equality of the legitimate rights and interests of the legal aid system, and is closely related to the construction of socialist harmonious society, further implement the State Council "Legal Aid Ordinance" and "the Shanghai legal aid regulations", to further increase investment, expand aid surface, improve the efficiency and quality of legal aid to meet the legal requirements, and effectively solve the difficulties of the masses, is the inevitable requirement of constructing socialist harmonious society.

Moderator: many people think that lawyers could not help their case for free, even if the agent is free to help them just go through the motions. Lawyer Jiang Chen, you do a lot of legal aid cases, but also to help a lot of people, can give some examples to discuss your agency legal aid cases attitude, talk about your view on the view of the masses?

Jiang Chen: undertakes legal aid of the case to me or to every lawyer, is not only to solve a case, it is a responsibility, a kind of social responsibility! Our lawyers as a master of professional knowledge of the law group, the undertaker for legal aid cases, required in addition to the pursuit of the benefits of the parties concerned, more important is the maintenance of social beliefs of fairness and justice, let the weak is not weak, protection so they get the last line of justice. Lawyers think I in dealing with such cases, as we, Secretary Liu Yungeng said, the lawyers should have not only the justice of the passion, also have the reason. Maintaining social equity and justice is the basic occupation morality and value concept of lawyers, which determines that in the face of social injustice, lawyers should stand up, speak boldly in defense of justice, otherwise we will lose the power of the professional activities of conscience and justice, because there is no justice passion lawyer must not be a good lawyer.

But at the same time, handle this kind of case, must keep taking into account the interests of the whole society, if a case involves a large number of people, lead to serious things, even lead to widespread social unrest. Social fair justice and pursuit, not just by a cavity blood and passion can be achieved, we must promptly resolve contradictions, the obstruction in the communication and exchanges can be quickly guide and dredge. At the same time, the basic principles of law in the handling of such cases is in fact positive indoctrination and spread the spirit of the rule of law and legal, the laws specific to infiltrate these vulnerable groups, so that these migrant workers understand their legal rights are entitled to, so that the concept of the rule of law in society to implement specific life.

For example, a case I recently hosted, is more than 80 migrant workers as a group disputes to the company to recover wages caused. The economic difficulties of migrant workers and lawyers in our first contact, and the host you mentioned those ideas are very similar. The reason is that they first put themselves in a weak position, reflect on them and we exchange, they have no knowledge of law, also can not afford a lawyer, so it has been for the petition, the company to seek explanation, rights. But it is such, that they lost a lot of evidence of the time, correct way of adults. What is more serious is that, due to the relief way wrong, if not in time claims caused loss of chance of winning.

In actual work, we found that, in fact these migrant workers were not weak, but in the main, the objective factors, so that they become vulnerable groups, such as the low level of education, science and technology ability weak and lack of legal concept. Especially they lack of some basic knowledge of law, I do not know what to do, what not to do, do not know what, what the State encourages the limit, often emotional impulse to give oneself over to blind emotions, can not judge the situation with rational eyes, always think big big, small make a small settlement, don't know how to use legal weapons to protect their legitimate rights and interests. But our lawyers is to alleviate this contradiction through legal publicity, so as the lawyer I first is to tell these parties are equal before the law, no weak points. The government to give them legal aid, itself is the vulnerable groups is not due to economic factors such as constraints to obtain legal protection, caused by the inequality of opportunity. When these migrant workers know even if they are in the economy is weak, but in front of the law is equal. The government can through legal aid channels for them to get professional help, and we will make all-out efforts to provide professional lawyers to help them. They only use legal weapons to protect their interests, began to cooperate with us to collect litigation evidence required.

The gained considerable evidence, I as the migrant workers more than 80 lawyers, in the court of the initiative to the defendant company proposed mediation program, and personally went to the opposing lawyer office negotiations on the details of the case, because in the negotiation, we have mastered a certain evidence, so the whole process of negotiation should said to be a breakthrough. The original labor both sides to be irreconcilable opposed to peace negotiations later, that is contradiction so intensified, in addition to legal issues, more is due to the laborer does not take the right approach and efficient way to solve the problem. Because before the trial I repeatedly with the attorney for each migrant workers pay, working hours, attendance record of one one check, so in the court the same day, we successfully reached a settlement intention, while the other side of the day will be all the money paid in full to the mediation of the migrant workers. These migrant workers for this result very happy.

This case also shows, people always think lawyers to handle legal cases is as a mere formality, not willing to undertake legal aid cases is totally a misconception. The lawyer as the reform and opening up policy beneficiaries, the lawyer career as a modern service industry, in the case of legal aid can enhance the social image, also can increase the lawyer internal cohesion, an expression of love and harmony of the information and the ideal society, which initiated the "standard of value oriented". Lawyers in addition to the pursuit of economic benefits, but also bear the social responsibility. Especially in such cases, the lawyer is necessarily the pursuit of social benefits in the first place, with the legal aid lawyer poverty alleviation, is also the bounden duty.

Host: what matters is the legal aid scope of accepting?

Zhang Haigang: citizens with economic difficulties, can get legal advice, agent, criminal defense and a pro bono legal services in accordance with law.

Moderator: standard economic difficulties at present Shanghai legal aid application is how to set?

Zhang Haigang: in accordance with the "Regulations" the Shanghai legal aid in the second paragraph of the provisions of sixth, City Hall has clearly "1.5 times the legal aid object difficult standards set for urban and rural residents of the minimum living security standard. Specifically it is 480 yuan. Economic difficulties proof issued by the applicant domicile or residence of the neighborhood offices, Township People's government. Economic difficulties that should be included in my ability to work, employment status and family members, family monthly (annual) per capita income, family property etc.. We have to fill in the "format to apply for legal aid economic difficulties proof" issue.

Host: what do you think about the relationship of migrant workers legal aid and the construction of a harmonious society?

Zhang Haigang: the problem of "State Council on solving problems of migrant workers in a number of opinions" made the best annotation. How to do a good job of migrant workers legal services and legal aid work "the State Council on solving problems of migrant workers in a number of opinions" put forward the following requirements: one is to put the priority target for the migrant workers legal aid; the two is to apply for legal aid for migrant workers, simplify procedures, rapid processing; three is to apply for payment of labor compensation and work injury compensation legal aid for migrant workers, to stop censoring its economic difficulties.

According to the document of the State Council and the "notice" Municipal Judicial Bureau on actively do a good job of migrant workers legal aid work content, the legal aid institutions in Shanghai will focus farmers work for the legal aid application channels, lower threshold, acceptance, simplify examination and approval procedures starting from smooth, generally increased the intensity of migrant workers legal aid, on on the case and injury cases no review of economic conditions, the cases involving migrant workers group numerous relax censorship standards, to benefit more migrant workers legal aid. Therefore, based on legal aid to protect the legitimate rights and interests of migrant workers to build a harmonious society in the meaning of the title.

Moderator: Director Zhang, you just said that to further promote the work of legal aid, intensify propaganda, excuse me in this regard some what ideas and initiatives?

Zhang Haigang: in July 1st this year, "Shanghai legal aid regulations" formally implemented, in the form of local legislation to further expand the scope of legal aid acceptance. In order to improve the legal aid for vulnerable groups, especially migrant workers in the social awareness, we are to the news media, through television, newspapers give wide publicity to the legal aid practice characteristics and a number of typical cases. Such as: to fight for Shanghai's "legal aid news conference" held in Minhang. "East as", "top", "East", "wide", "Liberation Daily", "Wen Wei Po", "Youth Daily" and other media to report 24.

"Xinmin Evening News" had to "legal aid details show warm" in the title is reported in detail the characteristics of legal aid center. This year in September 22nd, "Xinmin Evening News", "Minhang news" Sixth Edition "social wide-angle" published "legal aid for migrant workers" fast track "starting six days Banjie inductrial injury compensation case" one article, "Shanghai legal newspaper experience material" a forum in July this year published in the US legal aid youth volunteer lawyers; city CPPCC sponsored "Times Union City People's livelihood weekly" published case article I center projection; "Fa" magazine 06 years ninth to the "start legal aid for migrant workers rights" fast track "reported in detail the characteristics of Legal Aid Center, tenth periodical published an article in October 27th, 28 cases of us; day, I center opened" migrant workers legal aid rapid channel "reported Minhang TV min as news and Shanghai news channel respectively, and actively protect the legitimate rights and interests of migrant workers to the deeds etc..

Two we enrich the center for help masses of publicity and supervision. Such as: four glass door reception hall of plastic paper posted, the central reception time, legal aid function, 12348 hotline, Thursday Bureau leadership reception day and legal aid signs such as publicity, the visiting masses stick out a mile; produced "the rights and obligations to one", "the recipient the rights and obligations of this single" the visitors, for their own rights and obligations "a paper on"; formulated the "Minhang District legal aid center first asking duty system", the "once informed, two accepted" etc.. The center also produced the "service commitment system", "the application program flow chart", "service guide", "area law firms, notary office mail list", "Minhang District legal service manual", "women's rights" and other promotional brochures manual for visiting the masses access.

For the convenience of the masses supervision center of wind, every staff and every "legal aid lawyers volunteer corps Youth Zone" lawyer made the reception desk card of "Judicial Bureau reception" and "midday volunteers to host" were made significant Decca logo, center staff to replace all the more striking badge, provisions of personnel the gang must listing table card, sign "in Shanghai to participate in the legal services industry moral focus on assessment activities" in the hall on the wall, to facilitate the masses supervision visits, also formulated the "Minhang District legal aid center to receive complaints handled the registration system" and "matters of complaints registration table", based on a suggestion box on the further regulate the complaints by the director as. We also regularly carry out trial hearing, telephone feedback quality management work.

Three we are very focused on by various major festivals, to carry out the activities of the legal aid propaganda, such as: in March 1st this year, we participated in the "Minhang peace awareness month" on-site legal advisory activities; learn etiquette "legal advice through" the million women; carry out the "three eight" Festival of women rights hotline; participated in the "3.15 consumer rights project" legal consulting activities. In July 1st of this year put up a pageantry in "meet the Shanghai legal aid some provisions on the implementation and migrant workers rights protection activities" propaganda.

Four is to carry out extensive research work. Center staff participated in the Ministry of justice "legal aid service personnel specification (Trial)" the first draft to draft, participate in the legal aid center of Shanghai city layout "case legal aid Shanghai City Election" compilation. Made by the exchange in the fourth session of the Shanghai City senior citizen rights and interests protection seminar, research articles written in the fourth session of the Shanghai City senior citizen rights and interests protection Symposium etc..

Five is the establishment of the long effective mechanism of "12348 line legal advice and legal aid accepted cohesion". "12348" legal consulting service is a feature of Shanghai city's legal services hotline, we make full use of the function of legal assistance hotline publicity, timely, efficient guidance in accordance with the provisions of the vulnerable groups to apply for legal aid, the establishment of a legal aid application "air corridor".

Yuli: why people (farmers) is not the implementation of the policy? We are the difference between Shanghai and other provinces and cities said. I was a stranger, feel the stability and security of Shanghai.

Jiang Chen: as a legal workers, we have always stressed that as long as people (migrant workers) to take the right way through legal procedures, will be able to obtain the protection policy. If the reality of the existence of a people (migrant workers) are not related to the implementation of the policy, we believe that this policy is not a make defects itself, but how to get policy protection and remedy improper. So we suggest that if similar problems occur, people (migrant workers) should be positive to the legal person or legal aid through the way to use legal means to protect their legitimate rights and interests.

Zhang Haigang: Shanghai is the National Farmers in Shanghai, even if you are a stranger, as long as you work in Shanghai and the life of the legal aid work, from the point of view, you will receive and Shanghai local residents have the same legal aid treatment, even in the labor compensation and work injury and so on, your treatment will be priority to local residents in Shanghai City, for example economic difficulties that we. At present, the provisions of legal aid is the obligor is located jurisdiction principle, therefore, if you are in Shanghai against the legitimate rights and interests in accordance with the law, can seek help and protection to the relevant departments.

Host: Minhang legal aid center and how to improve the efficiency and quality of legal aid cases assigned?

Zhang Haigang: Minhang District in 2002 April in the city to set up the legal aid lawyers of Minhang District youth volunteer group comprised 38 lawyers. "". For quality and efficiency in order to further improve the legal aid of the case and case assignment, in late August of this year, we have formulated the "implementation opinions about setting up the compensation for personal injury and other three legal aid backbone lawyers" (humin aid word 2006 No. second) paper, the official formation of the personal injury compensation, labor disputes, marriage family three legal aid backbone lawyers, received a positive response from the lawyer.

Legal aid lawyers group is a backbone to undertake special legal aid cases primarily team set up in Minhang District branch lawyers volunteer service team on the basis of practical experience, the law firm lawyers in Minhang District (no age limit), any for personal injury compensation, labor disputes, marriage and family, three in the case of a class of cases of experience or business expertise, and enthusiastic participation in legal aid case handling work can join. At the same time, the legal aid lawyers business classification, the backbone of Minhang District legal aid backbone lawyers work responsibilities also made detailed provisions.

Personal injury compensation legal aid services including accident personal injury compensation, the criminal supplementary civil compensation for personal injury, medical accident personal injury compensation; labor dispute legal aid services including suffers personal injury accident, a claim, in signing, fulfilling, modification, rescission and termination of labor damage during the contract, claim rights; marriage and the family legal aid services including request for payment of alimony, maintenance, maintenance, for the victims of domestic violence, abuse, abandonment, damage to the legitimate rights and interests of claims etc..

Set up three aid backbone lawyers law to further mobilize the enthusiasm and initiative of the lawyers play a lawyer, business expertise, enhance the lawyer's participation in legal aid cases for the sense of responsibility, innovation and strengthen the legal aid lawyer service content, and has been the "legal aid youth volunteer lawyers" complementary, better to provide high quality legal services for vulnerable groups. At present, three legal aid backbone lawyers team a total of 76 lawyers to join, we after accepting the cases according to the backbone lawyers legal business expertise and legal aid established database information to ambition, after accepting the cases the first time have a definite object in view to appoint a lawyer to provide legal aid. All kinds of criminal cases, greatly improve the legal aid case assignment and the case handling quality and efficiency.

Moderator: migrant workers are an important force in promoting China's economic and social development, solve the problems of rural migrant workers is an important task of constructing the socialist harmonious society. Excuse me, Mr. Zhang, Minhang legal aid center as the practice of carrying out most the unit of basic level, what are the specific practices, imagine what work?

Zhang Haigang: since 2006, we provide legal consulting service for migrant workers 2186 people, accounting for the total consulting number 42.6%; various types of civil litigation legal aid acceptance of migrant workers for 72 (group disputes accounted for 5), civil litigation aid case 49%. In order to do the standard, quality and efficiency in handling the migrant workers legal aid cases, we formulated and implemented the "Minhang District migrant workers legal aid case handling procedures and service", so that migrant workers legal aid cases from application to each link are rule-based applications filed. Specific approach is to:

One is to improve the network of legal aid services to migrant workers, so that migrant workers in the residence can get legal service convenience. Such as: We implemented "legal assistance eleven convenient service measures", in 12 towns, the street legal aid workstation in carrying out the work, and give full play to regional grassroots legal aid network, through the town (street) all the village (neighborhood) under the legal aid authority set up a liaison, the legal aid network extends to every corner of the grass-roots level, the migrant workers in the borrow residence home can obtain legal aid services.

Two is the opening of "migrant workers, so that migrant workers rapid channel" for legal services program shortcut. In the past, migrant workers due to provide residence located at the county level government's economic difficulties proof, often because the certificate, proof material not neat or not provide with legal aid. We therefore devoted to research, according to relax the access conditions, to simplify the application procedures, and in accordance with the relevant provisions, apply for legal aid for migrant workers to give "special care". Such as: the development of the "Minhang District migrant workers legal aid implementation measures", the labor remuneration relates to migrant workers by legal aid arrears and industrial application, in principle does not require applicants to provide economic difficulties proof; according to the State Council "Legal Aid Ordinance" and "the Shanghai legal aid regulations", the labor dispute, inductrial injury, medical accident, traffic accident damages, other personal injury compensation to foreign migrant workers basic survival rights of all the cases included in the scope of legal aid.

The application for the special circumstances can not provide proof of identity, proof of economic difficulties, or the case will exceed the limitation of arbitration or litigation, then take the first, after accepting materials back approach, to ensure such cases accepted in a timely manner, timely review, the timely appointment, the timely processing. In August of this year with the migrant workers industrial injury of labor dispute arbitration application for legal aid, the case acceptance, examination and approval to the lawyer before and after just 1 hours, and go through the complete within 6 days, fully embodies the care system of legal aid for vulnerable groups.

Three is to implement the "sunshine Service", providing legal service initiative, clear for migrant workers. We in the office made "legal aid service guide", "Minhang District legal service manual" and other materials, easy to understand and to seek legal services for migrant workers. At the same time, according to the types of problems in migrant workers often consulting, each working day have professional lawyers Zuotang free consultation, compensation for damage in traffic accident, migrant workers pay attention to industrial injury compensation, labor contract and the content key consultation, the migrant workers to understand the relevant legal knowledge, so as to better safeguard their own rights and interests. In order to reduce and avoid the migrant workers in the legal aid application process, due to submit proof of the material is not complete influence approvals phenomenon, we carried out a "one-time informed", "two service" system, to apply for certification materials of all kinds of cases required to form one by one listed, let migrant workers "know the score", accurate timely submit the case materials. In addition, in the reception process, one of the five "service to every visitor migrant workers a greeting, a smile, a seat, a cup of tea and a satisfactory answer.".

Four is the establishment of legal service of migrant workers rights protection mechanism of lasting effect, an ideal platform for migrant workers rights. In the past, legal service workers in Minhang District for migrant workers legal aid cases, often relief procedure in the application (Zhong Cai) fees, appraisal fees, investigation and evidence collection link encounter obstacles. In 2004 September, the Ministry of justice, the Ministry of finance, the Ministry of civil affairs and other nine departments jointly issued the "on the implementation of the Legal Aid Ordinance" solve "difficult masses litigation difficult issues (hereinafter referred to as the" opinions "), to solve the support problems are relief and other aspects of legal aid in labor arbitration, the Ministry of land and resources the construction, health, industry and commerce, file management, and other departments of the cooperation, funds guarantee, investigation and evidence collection, archives, verification and use cost," certain provisions "Shanghai legal aid fourteenth has also been mentioned.

We seize this favorable opportunity, take the initiative to strengthen with the relevant departments to actively establish convergence mechanism, legal assistance and judicial assistance, labor arbitration, the situation has been effectively improved. At the same time, we also take effective measures, establish the quality supervision mechanism to ensure the case of migrant workers, migrant workers legal aid of the case handling and quality, excellent, typical to provide legal aid to migrant workers case promotion to the public, smooth channels of information, so that more migrant workers went on to use legal weapons activist track.

The five is through the formulation, issued regulatory opinions, requirements in the zone of lawyers, grassroots legal service actively agent migrant workers to apply for legal aid work, convenient for rural migrant workers, to apply for legal aid. Such as: Minhang District Xinmin law firms involved in the Taiwan funded enterprises, solved involving more than 1400 migrant workers collapse in arrears of wages of migrant workers in the group of legal aid cases. Today's guest lawyer Jiang in October of this year alone has hosted 2 groups of migrant workers legal aid cases. Through the provision of legal services of high quality, efficient, successfully handled a large number of outstanding contradictions, disputes, affecting social stability and harmony of the migrant workers cases. At present, we are actively coordinate with relevant departments, in the lives of migrant workers, work together to set up the legal aid work, to provide more convenient service for migrant workers to apply for legal aid.

Moderator: the relationship between the two look at how labor contractor phenomenon at present and migrant workers legal aid?

Zhang Haigang: according to the legal aid center of the Ministry of justice statistics, the first half of 2006 were handled more than 4 pieces of migrant workers legal aid cases, labor dispute cases accounted for a large proportion of. From the practice of legal aid, labor contractor, has become a serious obstacle to the rights of migrant workers. Labor contractor, that not only hinders the workers and employers for labor relations, and often appear labor contractor volumes of money to escape, migrant workers had difficulty Taoxin case.

Jiang Chen: migrant workers to work in Shanghai, is rarely by the employer direct recruitment, most caused by labor contractor, reached a verbal agreement and the contractor, the contractor and the employer contact. In this case, the employer is often not and migrant workers to sign labor contract. Once a dispute, the labor relationship is very difficult to identify. Some migrant workers only know to which the contractor to work, do not know the employer who; report to labor censorial department, supervisors and between the migrant workers and labor contractor is the employment relationship, not the normal labor relations grounds inadmissible; sue to the court, the judge will think that this is the dispute of labor the relationship between migrant workers and labor contractor, labor relations disputes between not and employers.

Zhang Haigang: some labor contractor in the basic completion of construction, to the migrant workers from the unit labor wages coil money fled, harm the migrant workers. Some labor contractor in the contract disputes and contract awarding units, to "units do not give money to himself without money to migrant workers labor compensation" for inciting the migrant workers. For example: this year we accepted one group of migrant workers wage recovery cases, the labor contractor, there is no labor contract relationship between the migrant workers and employers, the feasibility of V. contractor to get the money. Therefore, we have to appoint a lawyer agency contract litigation, to contract awarding units for project contracting, and take effective measures to ensure the action to obtain in advance to pay migrant workers labor remuneration, to maximize the maintenance of the legitimate rights and interests of migrant workers in this way. According to the relevant documents of the Ministry of construction, the Contractor shall cancel the construction labor field, by employing units directly with migrant workers sign a written labor contract by the employer, the wages paid directly to the individual migrant workers.

Emma: when the migrant workers rights properly, how to protect the interests of the construction units?

Zhang Haigang: from the current practice of migrant workers rights, in a weak position of the migrant workers often have a strong position in the employing units in labor and employment aspects of infringement, the prevailing labor units in the labor remuneration, welfare benefits, labor protection and industrial injury compensation and so on, the strong position of the phenomenon of violating the rights of migrant workers. So I think, migrant workers rights as long as legitimate, reasonable, generally will not infringe the interests of the employing units, at the same time, if the employer that migrant workers make trouble out of nothing, can also be through legal means to safeguard their legitimate rights and interests.

Jiang Chen: I very much agree with director Zhang said, migrant workers rights properly, will not infringe the interests of the construction unit. Although we are talking about here today is how to protect the rights of migrant workers, but we emphasize is that today, the rights of migrant workers not only refers to the entity's legitimate rights and interests, including the interests on the way of legal, the legal procedures. So, if the migrant workers themselves using illegal methods or procedures to maintain the rights and interests, the law itself will not maintain such rights. Similarly, the law is fair, the construction unit if the migrant workers with incorrect way and procedure rights, by the interests of the damage, also can be relieved through legal means to protect their legitimate rights and interests.

Zhang Haigang: today I'm very happy to be with you, to communicate on the construction of a harmonious society and migrant workers legal aid this topic, hope the society for migrant workers vulnerable groups, through today's program has more depth of understanding, the migrant workers rights and the construction of a harmonious society to pay great attention to be bound together in a common cause problems. Thank you!

Jiang Chen: today I'm very happy here and you chat, I think of many migrant workers in Shanghai say is, as long as we use legal weapons to protect their legitimate rights and interests, the weak is not weak. Today the scene of a reference audience questions in one sentence, that is, "every migrant workers in Shanghai, will feel the stability and security of Shanghai." Thank you!