Research On The Right To Strike

There are broad and narrow strikes: broad strike includes political and economic strike, and narrow strike only refers to economic strike. The right to strike is the one that workers ask the employers to improve working conditions and enhance working compensation, by stopping work collectively under certain conditions. The essence of the right to strike is labor disputes and it's the reflection of the economic interests contradictions between employers and employees. The theoretical basis for the right to strike comes from the right to subsistence and the right to work. The right to strike is a constitutional right, and it is economic rights in essence, and it belongs to the scope of social rights. Strike is a normal phenomenon under the market economy, and it's also generally present in our country. To avoid strike can't resolve the dispute, and it will rise to more serious problems. The implementation of the legislation on strike will regulate the exercise of the strike. Most countries that have established the legislation on strike almost prohibit the political strike. We should not be too sensitive to the strike and link it with politics by error.China's strike shows the characteristics: rapid growth, the spontaneous and economic.But in our country, we did not establish the right to strike on the legislation. Therefore, it causes three major difficulties: the legal difficulties, the reality difficulties and international exchanges difficulties. The reason can be analyzed from the impact of history and concept, from the constraints of political development level and from the weak awareness of rights. There is great necessity to establish the right to strike in our legislation: it's the need to resolve labor disputes and balance the interests, it's the need to promote social harmony and stability, in the same time, it's also the need to fulfill our international obligations.To establish the right to strike in our country's legislation has the feasibility: the development of the socialist market economy provides the economic foundation for the establishment, and the development of the socialist rule of law provides the legal protection for the establishment, and the related practice from foreign countries provides experience for the establishment. Therefore, China's legislative system of the right to strike can be built from the Constitution and the law, and it focus on building labor law, the trade union law and the strike law in the legal aspects.