【作者】 刘倩；

【导师】 章亮明；

【作者基本信息】 南昌大学 ， 经济法学， 2012， 硕士

【摘要】 我国农民工为我国城市发展作出了巨大贡献,但城市的繁华并不属于农民工,他们还在为生存苦苦挣扎。农民工工资偏低且拖欠现象严重,劳动时间长、安全条件差、劳动合同签订率低且缺乏社会保障。在培训就业、子女上学、生活居住等方面存在诸多困难,经济、政治、文化权益得不到有效保障。一旦发生工伤事故,他们更是雪上加霜。而工伤事故又频频发生在他们身上。企业等用人单位在经营过程中由于技术条件、设备设施条件的局限,以及片面追求利润等因素,使工伤事故发生率居高不下,而相关保障措施不完善使得受害劳动者及其亲属的生活因此陷入困境。改革开放初期,在公平与效率的关系问题上,提倡效率优先兼顾公平,这是由当时的生产力水平决定的,也在一定程度上刺激了经济的繁荣。但经济的发展不应以牺牲劳动者的生命健康为代价。经济的快速发展与工伤事故高发率带来的职业风险已经构成当前社会发展的一大矛盾。本文关注的即是农民工工伤保险问题,主要深入分析农民工工伤状况、参保状况及其工伤保险缺失的原因,以及相关工伤保险立法状况,在揭示农民工工伤保险制度突出问题的基础上,最后提出完善农民工保险制度的构想和具体措施。总之,对于那些为城市建设每天在阳光下流着汗水的农民工,我们应当尊重他们,并应当保障他们基本的生存和发展权利。望农民工也能分享城市的繁华,真正成为城市的一分子,共创和谐社会。更多还原

【Abstract】 Migrant workers in our country have made the great contribution the urban development of our country, but the prosperity of cities does not belong to migrant workers. They still struggle for survival. Their wages are quite low and always seriously fallen behind. They work long hours in poor safety condition. The rate of signing labor contract is low. They also lack the social security. So they have many difficulties in training employment, education of children and life housing. In addition, their economy, politics, cultural rights can not be effectively safeguarded. Once they happen to have accident at work, this will become one misfortune after another. But they always have accidents while they are working. In limited technical condition equipment facility condition, companies and other employers want to obtain the most profits during the management process, so these accidents happen frequently. And the related safeguard mechanism is imperfect, so the suffering injured workers and their relatives’ life fall into difficulty. In the initial period of reform and open policy, when we consider the relation between fair and efficiency, we advocated that the efficiency be first and pay dual attention to fair. This was decided by the productive forces level of that time. This also has stimulated economical prosperous to a certain extent. But the economical development should not at the expense of worker’s life and health. The rapid development of economy and the professional risks caused by accidents at work have already become a contradiction of current social development. What this article focuses is the migrant workers’compensation insurance question. Author thoroughly analyzed the situation of migrant workers’ injury, their insured condition and legislation condition of migrant workers’ compensation insurance. In this article, author pointed out the prominent problem in the migrant workers’ compensation insurance system. Finally, author proposed the conception and the specific measures of how to consummate the migrant workers’ insurance system. In brief, we should respect those migrant workers who work hard for the urban construction every day in the sun. I hope those migrant workers can also share the prosperity of cities, become the true member of the city and create harmonious society together.更多还原