Legislation And Regulation On The Action Of Strike

In the wake of political and economic reforms of China in depth, as well as the steady growth in market economy gave rise to the sharp increase in labor disputes especially Team Labor issues. Recently, the society has witnessed a set of central affairs on Team labor Strike such as the return of China Eastern Airlines 'planes and the outage of Chongqing Taxi. Owing to lacking of relevant legislative norms on the rights of strike, the method we usually take is to ask for governmental intervene when we confront with such group issues. Hence, Labor-group disputes which are parts of labor troubles have been politicized by Government in such ways. To some extents, it not only alleviates social contradiction but also maintains social stability, while these methods are incompatible with the context of legal system establishment in our country. So it is very necessary for our nation to define the right of strike, improve the action of strike, and establish laws and regulations, All these measures are contributed to balance labor relations as well as resolve labor troubles. What's more, it is an inevitable trend for constructing the socialist legal system. This paper is aimed at putting forward a tentative plan which can closely integrate with national condition and feasibly improve the legislation of the right to strike through defining the notion and character of rights, strike and the right to strike, introducing the history on the legislation of strike right at home and abroad, applying relativity principle, proving the view of how to define the action of strike on the basis of the theory of "Degree" in Marxism philosophy, analyzing the necessity and feasibility of the legislation regarding the right to strike, and designing the system of the legislation regarding strike right.