On The Realization Of The Right To Strike

Entering 21st century, with the market thriving and prospering, China’s socialist market economy reform has entered into the deep water. At the same time, the laboring people’s awareness of legal rights is also improving with the labor relations entering into a unique and brand new stage. But we also see that a large number of workers’ rights and interests are infringed because of the imperfect labor laws and regulations, the lack of workers rights in the market reform. The workers have launched a wave of temporary cessation of work of the group for the economic distribution and decent work and other rights, the centralization of power disputes and strikes continue to rise. Actually, the nature of these events is that the contradiction of economic benefit between workers and business owners continue to intensifyA lot of countries in the world has further study of the legislation of the right to strike and the related system, accumulating a good deal of experience and firsthand materials. As personality right and social right, the right to strike has been included in the constitution, becoming a significant right of the workers. Besides, many specific laws about the right to strike have been made, making the right to strike easy to operation, which is good for protecting the right to strike. Although some scholars in our country have made some theoretical achievements on the study of the behavior and rights, the right to strike is not included in the current law. It is not clearly defined and explicitly prohibited in the law, leading to the problem of solving the conflict. Obviously, the deep contradiction is not beneficial to social stabilization and economic reform.Facing the increasingly serious contradictions and conflicts between labor and capital, the author thinks that the conditions for the right to strike in our country are ripe, and the right to strike is imminent. Chinese working people are supposed to be granted the right to strike by the way of standard of legal provisions. And the legal requirements, the implementation of the method, all the process and the relevant responsibility and the specific criminal and civil legal protection should be further clarified, which is necessary for improve the socialist rule of law in our country at present. In other words, it has the theoretical and practical significance of legal practice.This paper is divided into four chapters according to the idea of putting forward, analyzing and solving the relevant problems. Firstly, in the introduction part, from the definition of domestic and foreign experts, the paper makes a brief description and generalization about the right to strike at home and abroad;Second, analyzes the main categories and legal attributes of the right to strike in the second chapter, and then poses the description of the current situation of labor disputes, and concludes the need for the right to strike legislation by analyzing the current economic environment, legal environment and social environment.Thirdly, in the third chapter, the paper summarizes and analyzes the legal obstacles and realistic obstacles of the realization of the right to strike, and finds out the difficulties in the realization of the right of strike, based on the attitude of the company and the awareness of legal rights protection. This part not only undertakes the above, but buries a foreshadowing for the following parts.Thirdly, the paper puts forward a specific proposal for the improvement of the right to strike, giving a reference for the legislation of the right to strike, based on the experience of foreign advanced legislation, in the fourth chapter, on the basis of the realization of the right to strike, the main elements, the main elements, the elements of the procedure and the means to carry out the demonstration. In the fourth chapter, the structure and content of the first two chapters are closely related to the problem.