Research On The Strike Right

Since reform and opening, China's socialist market economy has initially established. With economic reform, China has formed a co-existence of public ownership economy and other diverse economic sectors. Correspondingly, the enterprise employ relations become increasingly complex and diverse. So the conflicts between employees and employers become more and more. China has entered a serious period of the dispute between labor and capital. Because the difference between the interests pursuit of both employers and employees. The conflicts on the issues such as work remuneration, social security and social welfare, work items, work conditions, working time issues are very prominent, and more and more strikes appears. Because our law does not confirm the right to strike, the strike movement in China has been in the embarrassing situation. And the situation leads to a very negative impact on the development of the national economy.For these reasons, we pay attention to the study of regulation. First, we briefly review the history of the right to strike, including the history of strike right in western countries, as well as its evolution in domestic law. At the same time, we analyze some argument on the right to strike. We will discuss some false concept. Then we analyze the necessity and the feasibility of establishing the Right of Strike in our state. Finally, we emphasize the importance of China to restore the right to strike.Suggestion is also given as follows: First of all, declare the legitimacy of the right to strike in the Constitution; Secondly, fix and set out regulations and make the specific implementation details clear; Finally, in order to prevent abuse of strike right, we can learn the advanced experience of other countries and set the relevant restrictions on the right to strike.