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农民工权益的保障,离不开用工单位的自觉、政府的监督、法律法规的健全与落实,以及社会力量的支持等四个方面构成的外部环境。但是,在实践中,法的合法性主张与事实有效性之间存在着张力,地方政府及其公职人员在其目标、利益与责任上存在矛盾和冲突,有效的社会力量缺失。结果是,各系统之间的关系存在严重断裂。本文主张从地方政府真正树立执政为民的理念入手,在四个子系统之间构建良性的互动关系,切实维护农民工的权益,促进农民工的市民化。
The protection of the rights and interests of migrant workers can not be separated from the external environment formed by the four aspects of the conscientiousness of employing units, the supervision of the government, the improvement and implementation of laws and regulations, and the support of social forces. However, in practice, there is tension between the legitimacy of law and the validity of the facts. Local governments and their public officials have contradictions and conflicts in their goals, interests and responsibilities, and the lack of effective social forces. As a result, there is a serious breakdown in the relationships among the systems. This paper advocates starting from the idea of establishing a ruling government for the people by the local government, establishing a benign interactive relationship among the four subsystems, earnestly safeguarding the rights and interests of migrant workers and promoting the citizenization of migrant workers.