Remark On Legislation Of Right To Strike In China

With the development of social market economy and the improvement ofordinary workers’ sense on laws, the labor-capital relation in our country has comeinto a new stage. In the recent years, strikes happen from time to time, which drawswide attentions of the whole society. And it has become an inevitable condition.Nowadays, we are working on how to push the reform of the way incomes areallotted, especially on the background of improving the income of labors andproviding decent jobs for people. The strikes inspire some thoughts on social valuesand the rights of labors, which obviously deserves the attention of the whole society.On the study about the rights of going on a strike, people in foreign countrieshave done deep study on relevant systems of the rights of going on a strike. The rightsof going on a strike have been accepted by the constitution of most countries andbecome a common right in social economy. Some counties have not only declared thelegality of going on a strike, they even have detailed rules in the laws. The study onthe rights of going on a strike in our country has got some developments. But we stillhaven’t no specific definition on the rights of going on a strike. The study hasn’t beenwide enough. We are still lack of specific rules on the carrying out of the rights ofgoing on a strike and its links with the relevant laws and rules, which results in theactivities during a strike has no legal confirmation. And it usually causes disorderedstrike and the rights of labors tort. Then it consequently leads to the stable of thesociety. As a result, it is necessary to do deeper study on the legislation of the rightsof going on a strike.In this article, the author will start from the definition of the rights of going on astrike, and evaluate the types of strikes and the attributions of the legislation of therights of going on a strike. By evaluating the influence of the legislation of the rightsof going on a strike on the government, the companies and the labors, we can draw aconclusion on the necessity of the legislation of the rights of going on a strike.Considering the historical elements, I also do detailed research on the elements whichinfluence the legislation of the rights of going on a strike in our country. And we findthat intrinsic cognition and outside situation of the laws both have impact on it. Basedon evaluation of domestic conditions, we study the relevant process of legislations inforeign countries. Following these two ways to learn, we study on the basic rules andspecific limitation of the legislations of the rights of going on a strike and come upwith systemic suggestions on the process and further perfecting of the legislation ofthe rights of going on a strike. We believe it will reveal a learning impact on thepresent phenomenon of strikes and provide a clue for the perfection of futurelegislation.