20世纪80年代初,当农民工从农民阶层分离出来,以进城打工为主,以农忙时回乡务农为辅,以微薄的收入支撑个人及家庭的生活时,国家仅仅把他们当作流动人口——离开土地,四处漂泊的农民。一段时间里,政府没有认识到农民工在中国现代化进程中的这一历史作用和他们身份地位的变化,因此,没有通过劳动政策与法律对农民工作为劳动者的各项权益进行确认和保护,致使他们胸前一致挂着“农民”的牌子,工作在相对恶劣的环境中,游离于城乡的边缘,生存在社会的底层,增加了公共行政管理难度,影响了社会和谐稳定。本文从农民工群体劳动和生活现状出发,分析立法缺失,为完善农民工社会保障制度提出建议。 In the early 1980s, when migrant workers were separated from the peasantry and mainly migrant workers were employed in urban areas, supplemented by farm work and returning to their hometowns to support the personal and family life with modest income, the state simply considered them as mobile Population - left the land, wandering farmers. For some time, the government failed to recognize the historical role of peasant workers in the process of China’s modernization and their status change. Therefore, the peasant workers’ rights and interests as laborers have not been affirmed and protected through labor policies and laws. This led them to consistently hang the brand of “peasant” on their chest, working in a relatively hostile environment, leaving the edge of urban and rural areas and living in the bottom of society, increasing the difficulty of public administration and affecting the social harmony and stability. Based on the labor and living conditions of migrant workers, this article analyzes the lack of legislation and puts forward suggestions to improve the social security system for migrant workers.