There may be 300 million migrant workers in mainland China. At present, there are different views on the status of migrant workers in social life, for example, migrant workers can have enough to eat and meat to eat, and migrant workers should be grateful for the market economy, for example, migrant workers have poor social security, and some people ask why there are experts staring at 300 million migrant workers. Social status determines differences in treatment, and the position of most experts is also determined by their social status.
From the point of view of the analysis of rural credit cooperatives to be divested
1. The social status of 300 million migrant workers
Social status includes legal status, organizational status, and the internal status of members in the organization. Among them, the social status of the organization plays a key role. For example, the constitutional status of teachers is that of intellectuals, the status of an organization is determined by the Teachers Act, and the status of teachers in educational institutions is determined by rank, title, etc.
The determination of the social status of 300 million migrant workers is also determined in accordance with the above-mentioned rules. The constitutional status of the peasant workers is that of a leading class based on the alliance of workers and peasants, but this status is abstract. Peasant organizations are called rural collective economic organizations, and since there is no "Law on Rural Collective Economic Organizations" on the mainland, the social status of peasants may be shaken. For example, farmers working outside the home are called "migrant workers". Peasants should enjoy various social insurances when they participate in work, and in professional practice, the payment of wages to migrant workers also needs to be "cleared" by relevant authorities.
The state and society need to pay attention to, or discuss, the reasons for the decline of the social status of the peasantry. According to the Constitution and other laws and regulations, the implementation of household contract responsibility for agricultural production has the effect of consolidating the rural collective economic organizations. When drafting the Law on Rural Land Contracting, the position of the experts played a decisive role, that is, Article 18 of the Law does not stipulate the obligation of the contractor to hand over the income to the village collective economic organization.
Most farmers may believe that the experts' position is beneficial to farmers, for example, by reducing the burden on farmers. However, with the development of the economy or the continuous improvement of legislation, relevant practices can subvert the understanding of most farmers. There is no accumulation of village collective economic organizations, and it is impossible for rural collective economic organizations to use construction land to set up enterprises, as stipulated in Article 60 of the Land Management Law, and most of the construction land is used by other organizations. If there is no accumulation of village collective economic organizations, the labor dispatch enterprises stipulated in Article 57 of the Labor Contract Law cannot be established, and migrant workers are being exploited when they are dispatched by others.
The social status of 300 million migrant workers
2. Reasons for the divestment of rural credit cooperatives
In accordance with the 1954 Constitution, the State funded the establishment of rural credit cooperatives for rural cooperatives and their members. The reason why peasants could not be managers or staff members of credit cooperatives was that at the beginning of the founding of the People's Republic of China, the illiteracy rate in China reached 99 percent. Accordingly, the status of each class or sector in social life and the cultural literacy of its members are also one of the determining factors.
Paragraph 2 of Article 17 of the Constitution stipulates that collective economic organizations shall exercise democratic management, elect and dismiss managers in accordance with the provisions of the law, and decide on major issues of operation and management. Accordingly, when the system is restructured, collective economic organizations such as rural credit cooperatives will not be divested under any circumstances. The state and society, especially the peasants, need to discuss or pay attention to the reasons for the divestment.
On the one hand, the practice of rural administration uses the hukou to determine the identity of farmers, and most farmers also support it, because the relevant departments or farmers believe that farmers can only engage in agricultural production. After the restructuring of rural credit cooperatives, the management personnel are not farmers, the original stocks have no voting rights, and the rural credit cooperatives have been divested.
On the other hand, the decision-makers of the restructuring or the judicial personnel believe that the provisions of the Company Law and other provisions apply to collective-owned enterprises, for example, the Nanjing Intermediate People's Court recently held that a state-owned company invested 60,000 yuan to register a 100% "controlling stake" of a collective enterprise, and according to the provisions of the Company Law, a collective enterprise is a state-owned asset. The judicial organs still believe that it is inevitable that collective enterprises will be restructured according to the system. According to the Regulations on Collectively Owned Enterprises, any entity investing in a collective enterprise is called registered capital, and no entity can "control" the enterprise.
3. Experts' position
Investigation, or analysis of the position of experts, needs to be analyzed from the mechanism of expert formation. On the one hand, most of the experts are produced from institutions of higher learning or research institutes, and from the practical analysis of the distribution, the graduates who teach are not necessarily the best students, for example, most of the students with excellent grades are usually selected by state agencies. On the other hand, scholars need to be recognized by the government or the powerful class to become experts with the right to speak, for example, the theory of criminal law must be consistent with judicial practice in order to be officially recognized.
Because the identity of peasants is distinguished by household registration, peasants do not have experts, and at present, most peasant experts do not have peasant status. How can an expert who does not distinguish between leeks and wheat seedlings guide rural practice, for example, arable land needs to be fallow in rotation, and many experts believe that it is abandonment. Another example is that the rural contract management mode of family workshops has affected the competitiveness of mainland agriculture in the international market, and many experts, through legal research, still believe that the household contract responsibility system will still apply to the next round of agricultural production.
As to whether or not agricultural collective economic organizations are generally established, the experts' opinion is rather special. For example, the experts who have written the tutorial book for the legal examination believe that the rural collective economic organizations are not universally established, so it is appropriate for the village committees to perform the functions of the collective economic organizations on their behalf. The position of the experts actually represents administrative practice. On the one hand, villagers' groups are not rural collective economic organizations, and special legal persons of rural collective economic organizations cannot be established. On the other hand, special legal persons have been set up extensively, and there is no legal obstacle for peasants to participate in various social insurances.
Factors determined by the position of experts
This is not necessarily a bad thing for experts to "star" at 300 million migrant workers. If experts are the spokesmen for the interests of migrant workers, the focus should be on the fact that migrant workers are treated the same as other workers. If the experts are the spokesmen of other interests, the focus may be on the settlement of migrant workers' wages and the fact that major concessions have been made. According to this, the peasants should have their own experts, and the premise is that the children of the rural areas become scholars and their status is that of peasants. The solution is for the election of delegates to be fixed by class or sector to determine the quorum.