Legal Problems Of The Right To Strike

Strike has been regarded as the phenomenon of capitalist society will exist. But with the deepening of China's market economy development, the strike phenomenon appeared in large numbers. Workers fight for their legitimate rights and interests of the strike forced the final to take the form of a relatively fair fight of their own. The right to strike for workers is very important significance. Because the right to strike as part of workers labor rights is a basic human rights of workers. It is not only an economic rights of workers, or workers of a political right, is working a combination of economic and political rights. At the same time the right to strike is also the fundamental rights of workers are violated by the taking of the right to relief. However, the laws of our country on the strike action and the right to strike provisions in this regard are blank. This is not conducive to protect the legitimate rights of workers, but also can not effectively regulate the strike is not conducive to social stability. Thus the right to strike legislation in China is of great practical theoretical and practical significance. China should build in line with our social system as soon as the strike system.Academic circles as to whether our country should give citizens the right to strike level, should have basically reached a consensus to give citizens the right to strike. However, the current assessment of our understanding of the phenomenon to strike as well as legislative measures to be taken than big differences:There are constitutional and put on hold, said that the two factions. Constitutional amendment, said that by modifying the "constitution", and "Labor Law", to develop special "strike method" to achieve one-stop protection of citizens the right to strike; put on hold the right to strike, said that legislation should be cautious, China the form of direct current provisions of the law the right to strike was premature and should not rush to upgrade to the statutory right to strike the right height. In this paper, literature review, Comparative analysis, social surveys and other methods of analysis of the nature of the right to strike, from our point of view of social reality of the right to strike in our system, the need to establish a strike from the social, political, economic and legal point of view of the feasibility of our construction strikes legislation, combined with and learn from foreign countries the right to strike legislation for the useful experience of the strike made the system to build our vision of relevant legislation. In addition to the basic content of the introduction and the conclusion consists of four parts:The first part introduces the right to strike our country need. First analyze the status of China's current legislation on strike. Second, the current strike legislation discussed the reality of our needs.The second part focuses on a theoretical analysis of the right to strike. First analyze the right to strike in the history of the development of China's five. Second, discusses the legal nature of the right to strike. Finally, from the political, economic, social and legal points of view of the country to establish the feasibility of the right to strike.The third part introduces legislation concerning strikes abroad as well as a useful reference to China. First introduce legislation to establish the right to strike several cases; followed by analysis of the current foreign legislation relating to the relevant provisions of the right to strike; Finally, the provisions of the relevant foreign country come to the right to strike some of the inspiration and reference.The fourth part of the system to build our right to strike related legislative proposals. First of all, the right to strike legislation, goals, objectives and scope of the right to strike these three aspects of legislation discussed the guiding principle of the right to strike; Secondly, the macro level from the proposed legislation strikes the establishment of the strike system in China-related recommendations; Finally, the strike microscopic procedures proposed legislation to establish the strike our system recommendations.