Study On The Legal Regulation Of China's Stri

The strike is one of the main means of fighting against the vital interests of the laborers against the employers in the market economy.It has the direct and positive significance for protecting the basic rights of the workers,easing the labor relations and maintaining the stability and development of the economy and society.It has been widely recognized by the economic countries of the world market and brought into the track of the rule of law..With the establishment of China's market economic system,strike behavior is also an increasingly common social and economic phenomenon.However,the handling of strike action is still in a state of no dependence.Once the strike occurs,the parties concerned are often in a dilemma.There are many deficiencies in the legal regulation of strike action in China.Such as the absence of trade union functions,the low effectiveness of collective contracts,and the poor handling channels of labor disputes,it is urgent to regulate the law of strike action.This paper,starting from the WAL-MART strike in Changde,deeply studies the related theories of strike behavior,analyzes the legal nature of the strike behavior from four aspects of workers' economic rights,personality rights,social rights and relief rights,and examines the comparative law investigation and practical experience of the strike in different economic periods of Britain,Germany and the United States.Then it analyzes the vicissitude and current situation of China's strike behavior regulation,and demonstrates the necessity.Based on the above discussion,the author proposes that China should implement multi-level legislative regulation from three levels of collective contract law,trade union law and labor law.To sum up,this article advocates the reform of trade unions in an all-round way,to make the trade unions truly represent the interests of workers,to improve the collective contract system,to clear the rights and obligations of the two parties in collective labor relations,to give workers the right to strike,to make clear the implementation of substantive and procedural regulations,and to form a complete set of legal rules and regulations for the strike beha-vior,which is beneficial to labor and capital.Contradictions,economic and social stability and development.