Research On The Legislation Of Strike Rights

After the Reform and Opening, along with the development of socialist market economy in China, the labour-capital conflict has reached to a serious phase. In the face of the co-existence of public ownership economy and other various ownership economies, the employ relations are more complicated, and interests of both parties are more clarified. The conflicts between the employers and the employees on the issues of payment, work insurance, welfare, working hours, conditions and arrangements have become more intense. Strike affairs appear to be more frequent. Nevertheless, strikes may lead to adverse impact on the national economy due to the absence of related law.From the international perspective, globalization tends to be an inevitable direction along with the rapid development of global economy. Theories of human rights, and ideology and conception of international human rights organizations and related human rights protection movement have become a common sense. In theory and reality, much more efforts have been put in many countries. On 27 Oct 1997 and 5 Oct 1998, China signed the <> and << International Convention of Citizen's Rights and Political Rights>> respectively, which originally took effect on 16 Dec 1966; Strike Rights being part of the Convention. Additionally, as the standing member of the Security Council of the United Nations, and one of the founding members of World Labor Organization, it means a must-do obligation to legislate Strike Law within a short period in China.In the aspect of low and regulation study, this dissertation aims to examine the theories of Strike Rights, investigate the history, legislation foundation and historical development of China's law and international law of Strike Rights, and stress the importance of resuming Strike Rights in China. Suggestion is also given as follows: Firstly, formally recognize Human Rights in Constitution. Secondly, fix and set out regulations, and clarify the implementation details. Thirdly, with the use of international experiences as reference, regulate and ensure the use of strike towards positive outcomes with the avoidance of negative impact on the society as well as other citizens (by any possible means).