农民工是个约定俗成的名词,其表意并不准确。农民工究竟是农民还是工人?《社会保险法》用法律语言表述为“进城务工的农民”。由此可知,所谓农民工,其身份是农民,但状态是工人。农民工的社会保险必须依照《社会保险法》执行。我国任何企业及其职工都应当参加养老医疗等社会保险,这是一种法律的强制行为,作为职工状态的农民工自然也是适用对象。《社会保险法》已经颁布5年,可是农民工参保依然是个大问题,1亿多农 Migrant workers is a common term, its meaning is not accurate. Is a peasant worker a peasant or a worker? The Social Security Law is expressed in legal language as “a farmer working in cities”. From this we can see that the so-called migrant workers, whose status is peasants, but the status is workers. Social insurance for migrant workers must be implemented in accordance with the Social Insurance Law. Any enterprise and its employees in our country should participate in the social insurance such as old-age medical care. This is a kind of compulsive act of law. Migrant workers who are state workers are also natural targets. “Social Insurance Law” has been promulgated for 5 years, but migrant workers insured is still a big problem, more than 100 million farmers