Remark On The Right Of Strike Into The Constitution Of The People's Republic Of China

Right of strike was regarded a fundamental of human right as special protection by most ofthe Country in the world,through amending the constitution,enact laws and regulations to makethe right of strike as a legal right of workers．After founding of the People's Republic of China,1978 and 1975 Constitution both stipulates that the citizens own the right to strike．But for various reasons,the current constitution abolished the right to strike．Along with the socialist market economic reform progresses,the existing economic structure has undergone enormous change．but there are some situations that we dO not want to see．In recent years．in theforeign—founded enterprises,workers demand higher wage to meet the reasonable needs of life are not satisfied frequently,cause controversial activities of group take place frequently in some area．As a result of absence specific legal regulations for strike action,strike situate the margins of legal regulation in reality,it also makes the labor unions,the government embarrassment when theyencounter strike,cause the strike can not be resolved as soon as possible．he paper through re—sort strike-related issues,clarify the difference between strike and otheraction,further explain the right of strike is mainly an economic rights of workers and belong tothe area of workers'basic rights．By analyzed the history and value of right of strike,combinewith our economic development situation at present,I put forward the slogan to include right ofstrike into national Constitution,and try to design the details．Base on the revision of theConstitution,modify the labor law,labor union law and other law,and authorize Governmentenact ordinance of strike as soon as possible,all above-mentioned behavior can regulate theparticipants,procedures and organizer in strike activities that can make right of strike become acomplete legal system．Use of comparative analysis,value analysis,historical analysis and other analysis methods,and take advantage of the fundamental theory of Jurisprudence and Constitution,this papercomprehensive and systematic analysis of right of strike comparatively,propose immature theoryconceive of right of strike in details,I hope that this article can play a active role to future studyof right of strike．...