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The Empirical Study Of Strike Cases

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhangFull Text:PDF
GTID:2297330503959329Subject:Social law
Abstract/Summary:PDF Full Text Request
Frequent in recent years, for collective labor dispute, both the media and academic experts gave his views from different angles, but the interpretation is not as authoritative. Workers’ strike action is unlawful, the final Ping Pan Quan in the judicial organs, the court of a paper is the important basis to solve the collective labor dispute. The method, selection of the people’s court, based on the empirical analysis from January 2008 to 2008 in December of 1003 cases of strike case, case analysis on the whole, the characteristics of the relevant case and court trial, with empirical research methods to explore the problems, and on this basis gives some countermeasures.This article consists of four parts. First of all, the introduction part, the author introduces the background and problems of labor relationship in our country, points out emphatically now massive collective labor dispute happened frequently in our country, and presents the growing trend, based on this, the author of domestic some relevant theory of the concept of collective labor dispute and also elucidated. The first chapter mainly discusses the strike of the case fact characteristics, the author has collected the case presents the basic facts of characteristic has carried on the statistical and comb, found that more cases happened in some economic relatively developed area, the most by the Yangtze river delta, the pearl river delta; And the case of multiple industry for manufacturing; Workers strike was a more disorderly, spontaneous, irrational behavior, sometimes with a certain tendency of destruction; In terms of the cause of the case, the content of the dispute for both sides of Labour and capital has made the simple, it is concluded that the diversity of the cause of strike case occurrence of results; The back pay demands for collective labor dispute cases involving the main appeal. The second chapter is unpaid cases and raise cases respectively carried on the statistics, summarized its present different characteristics, the two types of trial and court cases. The third chapter is on strike case highlights the problems and countermeasures of carding and discussed.From the research of collective labor dispute existing in the theoretical circle in our country, typed and evidence-based research is relatively scarce, so this paper in the form of case analysis of empirical research, a large number of statistics, the case typed the case on the basis of this analysis, the cause of the collective labor dispute cases, the behavior patterns of laborer, the characteristics of different types of cases presented etc. Carried on the thorough generalizations. This article selected to enter the court case as the research object, the conclusion is more authoritative, and time span bigger, sample quantity, the conclusion more objective.
Keywords/Search Tags:Collective action, Rights dispute, Interest dispute, Counterargument right for performance
PDF Full Text Request
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