Research On The Constitution Of The Right To Strike

The discussion of the right to make the striking into the constitution has a long history,and the process of the right to strike into the Constitution in our country is also twisting and turning.In the process of amending the May Fourth constitution,the seventh five-year constitution,the seventh eight constitutions and the eighth two constitutions,the right to strike has appeared.In a historical period,the right to strike was once written into the Constitution and existed as a basic right of citizens.But later,it was deleted because of the consideration of the public ownership attribute of socialist public ownership in China,that is,workers should not quit their jobs.With the comprehensive implementation of the reform and opening up,China's economic system has undergone earth-shaking changes,from the former comprehensive public ownership to the current coexistence of a variety of forms of ownership of the economy.The change of the economic system has brought about many social problems.However,for a long time,China's laws have not stipulated the strike,there is no provision for workers to have the right to strike,and there is no provision whether the strike should be punished,in a kind of fuzzy zones,and the current handling of the strike of the government regulation mechanism has drawback.The insufficiency of the current system,the transformation of the economic system,and the basic human right is attributed of the right to strike make it is no longer a question that we can avoid whether the right to strike should be re-entered into the constitution.This paper summarizes the different opinions of scholars and analyzes the constitutional issue of the right to strike by means of comparison.The first part is mainly about the background of the right to strike,brief its origin,historical development;The second part analyzes the necessity of make the strike into the constitution,the right to strike from four perspectives: resolving collective labor conflicts,standardizing strike behavior,fulfilling international treaty obligations andpromoting sustainable economic development.The third part summarizes the arguments about whether the right to strike is constitutional or not.By enumerating and analyzing the comparison of the views on making the strike right into to the in constitution in the past and the opinion in the present.the author concludes that the views should be adopted now.The fourth part,through summing up and thinking,from the strike right into the constitution of the specific standard design and strike right into the constitution of the supporting laws and regulations to improve the two aspects of the strike right into the constitution of the specific system design.