Our Workers The Right To Strike In The Perspective Of "decent Work" Legal Thinking

The strike has a long history since the birth of commodity economy and the industrial revolution. But from the midst of the 20th century, the strike took on an entirely new look as a result of peaceful relationship between labor and capital. Nowadays the strike is a normality for modern society to deal with the beneficial conflict among the classis and an important method for laborer to affect the public governing. China is the world factory today after thirty years since the economic reform and the opening to the outside world, at the same time the relationship between labor and capital is more and more complicated. But it is known to all that the working condition and the labor protection are inferior in many plants in China, and the income of the labor is weakening comparatively in the growth of GDP. In recent years we saw more and more strikes concerned by the whole nation in China especially in the cities along the coast. Under such a circumstance, China stated publicly that the goal of decent labor will be realized indeed in the whole society for the hamorny between labor and capital. But we all know that the individual worker is always powerless to improve his working situation because of his puniness comparing with the capitalist, so more powerful methods especially the right of collective action should be endowed by the law to the labor.The issue of strike will be discussed in four subjects in this article. Firstly we can see the concept and history of strike, the destructive effect of strike will be stated clearly at the same time. Secondly we can see the model of law about strike in the world in which that the labor law of China mainland,Taiwan and HongKong will be compared with each other. In this part we can see that the model of strike law in China is just in the transition from the badness to the goodness in history. Thirdly the situation of relationship between labor and capital will be stated, and the character of strike in China today will be showed to readers too. In this part we can see clearly that the trend of conflict between labor and capital will not be converted especially when we are just in the phase of economic transition,the end of advantage of population and in the times of waking up of human right in China today. In the end of this article, we can see the suggestion of law model to deal with the strike. The writer suggests that we should change our attitude to the strike in order to have a right opinion on it, and for the purpose of success we should go the way from"managing by practice"to"managing by law"gradually.