农民工“半城市化”困境及市民化的法规建构*

Since China implemented reform and opening-up policy, large quantities of migrant workers have entered into the cities, and they have made great contribution to China’s urbanization, industrialization and modernization. But they are in the embarrassed condition of half-urbanization between city and countryside. They only changed the region and occupation, social identity is still the farmers. They can’t enjoy the national treatment, also did not form the behavior and value concept of modern city, always on the edge of the city. The problem of Chinese migrant workers is closely related to the rights and interests of hundreds of millions migrant workers and their families, and also includes comprehensive problems such as economic benefits, social rights, political power and cultural convergence. This article from the reality of China, through the investigation on the rural population flow and living situation of migrant workers in China, from the three aspects of employment, social security and public services, cultural and political life, analyzes the predicament of semi urbanization, and then from the three aspects of the institutional factors, migrant workers’ own factors and social factors, analyzes the reasons for the formation of semi urbanization. The urban-rural dual system is the biggest influencing factor in the citizenization process of migrant workers. Due to the urban-rural dual system, dual land, household registration, employment, social security and other systems are the major obstacle to the citizenization of migrant workers. On the basis of research and analysis, this dissertation gives aspects of suggestions on the legal construction, to provide theoretical reference for the citizenization process of migrant workers and realize the real citizenization of migrant workers.