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通过立法途径维护农民工社会保障权益具有诸多困难,包括农民社会保障立法在法理上的矛盾、在立法层次上的冲突以及在法律适用上的混乱。农民工的社会保障权益缺失是农民工生存困境的冰山一角,改善农民工的社会保障状况,应从维护农民工的基本权益开始。
There are many difficulties in safeguarding the rights and interests of migrant workers ’social security through the legislative approach, including the legal conflicts of peasants’ social security legislation, the conflicts at the legislative level, and the chaos in the application of law. The lack of rights and interests of migrant workers in social security is the tip of the iceberg of migrant workers’ survival difficulties. To improve the social security of migrant workers, we should start with safeguarding the basic rights and interests of migrant workers.