The Exploration Of Legislation On Our Country’s Strike Right

For a long time there have been some misunderstandings for right to strikein China. Strike is in the nature of political and it is contrary to the nature of thenation. Due to an imperfect understanding of the right to strike’s legal nature andits importance, rules or regulations on strike right have not been launchedofficially today. At present, due to lack of reasonable and effective guidance withlegal norms, many strikes in China shows many disadvantages. First, a strike witha sudden. The strike is usually started before the collective bargaining. Second,mass participation. Most trade union unities don’t arrange a strike, but most of theworkers’ group action. Third, the nature of strike is not been defined accurately,which lead to the difficulties in dealing with it. Local government often treats itas mass events. They directly increases the control curve for strikes in China,adding the uncertainty factor for social stability. It’ s not only not good to thehealthy development of enterprises，social stability, and also does harm to theprotection of laborers’ rights and interests. Therefore, promoting the legislation ofthe right to strike in China is of great practical significance. It is necessary toregulate workers’ strike action, to facilitate strike solvement reasonable andproperly.The right to strike, in their nature, is mostly an economic right. Especially inthe contemporary, the vast majority of strikes are benefit gaming tools betweenlaborer and business owner. As a basic human right, the right to strike has longbeen recognized by the international community, and most developed countrieshave set up a relatively complete legal system about right to strike. Right to strikeis social rights both with the nature of public right and private attribute. Its validexercise needs protection and guidance of the national law. The right to strike isalso a second aspect of the right, as opposed to the public remedy, such as laborarbitration and litigation, it is more like an act of collective lab’or s self-help.Hence, promoting legislation of the right to strike has important legalsignificance—guarantee workers’ right to strike, improve the rule of law.In addition, promoting the right to strike’s legislation in current，also hassome viability in China. Firstly, the legislation of the right to strike is meeting the needs of rapid development of China’s market economy and deepeningreform. Economic development bringing new opportunities to adjustments orchanges in labor relations; Secondly, the legislation of the right to strike is in linewith the social development, and meeting the needs of establishing stable andorderly, united, harmonious social environment. Trade Union reform, empl’oyeesdesire to "legalized strikes", empl’oyers worry about "extrajudicial" strikes andthe government’ s tension in facing group strikes, all facilitate the right to strikein the country’s legislation.However, the legislation of the right to strike cannot be in one leap. As far asthe specific conditions in China today, at this stage, the right to strike entering theConstitution is still in high difficulty. Promoting the legislation of the right tostrike still needs go step by step. In my opinion, there are three paths to promotelegislation of the right to strike: first, rule and guide exercising of the right tostrike by the sotf-law norms, realization of the right to strike’s transition from softlaw to hard law. Second, promote the part field of the right to strike legislation tothe overall legislation. From the regional or industry-specific legislation into thenational overall development of legislative norms; Third, local legislation leadsto national legislation norms of the right to strike. From the lower level law intonational norms. Perhaps the three approaches are best choices for contemporarylegislation of the right to strike in China.