Jurisprudence Of The Right To Strike Study

The right to strike is one of the important issues as well as a hot topic in the area of jurisprudence. This thesis focuses on necessity and feasibility of establishing the right to strike in China in the legal principles perspective in order to provide theoretical bases. The thesis consists of five chapters. Chapter One introduces the related concepts about the right to strike. The focus of this research is the difference between the right to strike and the freedom to strike. This chapter introduces the definition and elements of strike, the concept of the right to strike, the relationship with labor right and the difference between the right to strike and the freedom to strike. Chapter Two briefly reviews the history of the right to strike in foreign countries which includes the early and modern theories of the right to strike in western counties as well as the theories of Marx and Lenin. Chapter Three not only introduces the history of the right to strike in our state but also analyzes the necessity to establish the right to strike by observing the change of the society and the shortage of the replaced method which provides protects to the labors. Chapter Four is the research in jurisprudence. This chapter analyzes the relationship between right to strike and human right leading a conclusion that right to strike is a constitutional right because it belongs to human rights. Then this chapter compares the benefits related to right to strike with the theory of jurisprudence in order to get the legitimate reason of right to strike establishment and limitation. At last the principle of rule of law is used to guarantee a harmonious society. The last chapter is the legislative suggestion which advices to set the freedom of strike in constitutional law and to establish the special law—The Strike Law.