就地转移农民工:乡村弱者维权的行为逻辑 ——以陕西关中某村为例

The Peasant Workers Locally Employed: the Country Weak Behavior Logic of Safeguarding Legal Rights ——A Case Study of a Village in Guanzhong Region of Shaanxi Province

  • 摘要: 就地转移农民工在乡镇企业遭遇权益受损,其维权行为受到传统力量和市场力量双重影响并体现出乡村弱者维权的特有逻辑。就地转移农民工维权空间分两个场域:在企业交易市场中,农民工基于平等的契约关系、“模糊的公正价值”与维护尊严积极维权,但制度的契约合意性、具有伦理色彩的重复博弈和无讼的乡土传统又决定了农民工作为弱者维权不彻底。在更大的乡村场域中,农民工通过闲话、频繁流动等弱者的武器进行消极的不公开的维权,并对乡镇企业维护农民工权益起到积极影响

     

    Abstract: The legal right of the peasant workers locally employed in township enterprises are damaged, Their behavior of safeguarding rights is influenced by traditional power and market forces, reflecting country weak specific behavior logic. The space of peasant workers safeguarding right is composed of two fields: in the trading market of enterprises, the peasant workers are keen on safeguarding rights owing to equal contractual relationship, “hazy Justice value” and safeguarding dignity. But system with contract agreement, repeating game with traditional ethical features, and using non-lawsuit of country tradition decide the peasant workers as weak safeguarding right. In the more country field, the peasant workers safeguard right negatively and silently through the weak weapon such as gossip, frequent mobility, and it has already actively influenced to the rural enterprises safeguarding the peasant workers right.

     

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