The Right To Strike In The View Of International Human Rights

Strike is one performance of the group labor conflict. It's a constituent behavior that most of the workers stop their work collectively. Right to strike is one of the specific performance and basic compose of human right, and it's also the legal right of workers. Workers, which are in weak position, use the right to strike to protect their legal rights and to fight with employers.This piece of thesis wanted to discuss in the view of the international human rights, based on jurisprudence and sociology. The author tried to find the origin and the development of the right to strike, and also analyzed its nature. Then the text expounded the necessity of the legislation from many angles. The author discussed a lot of new problems under the environment of globalization, with various information and data. The analysis was logistic and scientific, so the settlements were also aimed at the problems and feasible.The first chapter is a brief introduction. It defined the concept of the right to strike, analyzed the origin and the background, then it truly discussed the nature and classified the strike. So the preparation to the next chapter was well done.The second chapter is the argumentation of the necessity of the right to strike. It used sociology and jurisprudence to discuss from the angle of the international human rights. This discussion is very important because the right to strike is the composition of human rights. Strike system, which is one concept of the labor law, is complex and have great effect to the whole society. So we would use sociology to go into. And in the field of jurisprudence, the thesis selected two aspects, which were citizen right and legal value. At last, the author stated the necessity with the world legislation actuality.The third and the fourth chapter were the emphasis of the whole thesis. The third chapter raised lots of new problems about the right to strike. There mainly were four kinds: the variation of labor relation; the defect of the government and the society; the negative affect and the dilemma to practice. The author consulted a large number of data and gave a detailed analysis.The fourth chapter continued the questions offered in the last chapter. It used legal theory and various of knowledge to list a series of countermeasures, which were labor relation; government system; necessary restriction; building and integrity of the execution. In this chapter, the author tried her best to make all the settlements detailed, exactly and practicable, with her own conception and summary.At last, the author hope this piece of thesis could be for some help to the theory of the right to strike, and also, to some extent, could use the theory to instruct the practice.