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Strike The Right Research

Posted on:2005-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:L W LiuFull Text:PDF
GTID:2206360122985541Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Right to Strike is one of the important issues in the area of labor relations. As a basic human right it is also a hot topic in the legal principle research. This thesis focuses on analyzing from the legal principles perspective necessity and feasibility of the Right to Strike, which provides theoretical bases for establishing the Right to Strike in our state.The thesis consists of seven sections.Part one introduces the related concepts about the Right to strike. The focus of this research work is strikes and the Right to Strike based on labor relations. The thesis introduces the definition and characteristics of strikes and the concepts of the Right to strike.Part two briefly reviews the history of the Right to Strike, which includes the emerging of the Right to Strike in western countries as well as its history in our state.Part three introduces the current status of the labor relations in our state. The main contents include the current conditions, causes and characteristics of labor conflicts. Part four analyzes some common understandings about the Right to Strike. Specifically those are listed as follows. 1) Some people may think there is the Right to Strike is in conflict with socialism. 2) Some people may think that establishing the Right to Strike will lead to increased strikes 3) someone may think that establishing the Right to Strike will damage the whole society' economy and order. 4) Someone may think the establishment of the Right to Strike may do harm to the societal stability. We will debate on these false concepts in this part.Part five analyzes the necessity for establishing the Right to Strike in our state. We will see that, 1) the Right to Strike is one of the basic human rights. 2) It is an important way to balance capital and labor positions and protect the rights of minorities. 3) It is an effective means to handle labor conflicts between labor and management. 4) It is an international responsibility for our state to establish the Right to Strike. Part six discusses the feasibility of establishing the Right to Strike in our state. To further elaborate: 1) Socialist market economy provides the social and economical foundation for the establishment. 2) The enhancement of the social sense of democratic legal systems provides the conceptual base for establishing the right. 3) Constitution and other laws provide the institutional foundation for establishing the right. 4) The related practice from other countries provides experience establishing the right in our state.Part seven discusses the outlines of legislation for establishing the Right to Strike, including establishing the Right to Strike using legislation, protecting legal strikes and restricting the exercise of the Right to Strike, etc.
Keywords/Search Tags:to strike, the right to strike, human rights, capital-labor relations, labor conflicts
PDF Full Text Request
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