The Research On The Right To Strike

With the diversification of ownership system in China, the imbalance of benefit has found its existance among labourers and emplyeeing units, between which labour relations are clarified and intensified with the time marching on. Since the right of labourers could not be protected legally and effectively, strikes are not uncommon. However, strikes of labourers have fallen in dilemma due to the vacancy of the law, thus making the study and establishment of the right to strike top the agenda of scholars in the field of labour law. This paper conducts study of the right to strike, demonstrates its necessity and advances relative legeslative suggestion from the perspective of jurisprudence. This paper is divided into four parts:In the first part, this paper will make an analysis of the strike taking place in the Jiangsu Lianjian and figure out the feature of strkes in China and internal cause thereof, after which point out certain problems deserving due attention in the course of law-making.In the second part, the definition of the right to strike will be advanced, besides which its nature will be analyzed from the perspective of theory to strengthen its knowledge in terms of jurisprudence.In the third part, this paper will make a brief comment on current theoretical reseachs, making clear the knowledge and necessity of the right to strike. The necessity of the right to strike will be discussed by making it into five parts, which perform as a detailed explanation to readers.In the last part, suggestions will be made according to the current situation of law-making on the right to strike. At first, this paper will render its own idea on the constitutionalization of the right to strike and the advice that the right of strike should be adopted into the Labour Contract Law. In the meantime, the limitation should be imposed and the labour union should be developed to guarantee the rational implementation of due principles regarding the right to strike.