试论农民工劳动权利的法律救济

农民工劳动权利受到侵害，得不到及时有效的救济，原因是现存的劳动争议处理体制存在问题，行政执法不严，司法救济不力，工会维权缺位。依法救济农民工劳动权利，需要完善立法，强化法律监督；严格执法，强化劳动监察；推进独立、实体化的劳动争议仲裁院建设，提高仲裁质量；设立专门的劳动法庭，加强司法救济；发挥工会职能，加大维权力度；落实法律援助制度。

On the Legal Remedies of Migrant Workers' Labor Rights

Lack of effective law assistance always leads to hurts on the workers＇ rights. This is because of the limitation of the current management system on labor disputes, the lax enforcement of law, the ineffective judicial assistance, and the responsibility vacancy of the trade union. Therefore, in order to help migrant workers to protect their labor rights, it is necessary to perfect the legislation, strengthen the legal supervision, enhance the law-enforcement, intensify labor supervision, build independent, incarnate arbitration institutes to improve the arbitration system, establish special labor court to improve the assistance quality,nd make the trade union effective in protecting workers＇ rights. It is argued that only in this way can a legal assistance system be really set up.