Provincial Harbor Strike Movement And The Study Of The History Of The Trade Unions In The Early Period Of The Republic Of China

In the study of Chinese legal history,the study of modern legal history can be said to be colorful and fruitful.Undoubtedly,China’s modern history is a history of humiliation,but it is also a history of growth.Chinese traditional culture collides,exchanges and integrates with western culture and revolutionary culture which formed a new tradition with unique features since modern times.For the law system,after the reform in the late Qing dynasty,not only many scholars continued researching heated for western legal system and western jurisprudence,but also the method of Chinese history,was born in the same time and get the recognition and development.From the late Qing dynasty to the reign of the northern warlords,the trade union gradually formed as the leading organization of the workers’ movement.Although the government legislation has not yet to appear in the concept of "union",let alone a special "labor law",but in the assembly,and association of legislation has to workers may take collective action to make an initial rules.Guangzhou ordinance promulgated the junta for the first time after the establishment of trade unions,union legislation since then,the birth of the union as a working-class organized with autonomy,mutual aid,the legal nature of the organization so as to obtain the government admitted.But political unrest,labor law,as a new legal department,in did not arouse people’s attention,so for the union in the early years of the history of the republic of China,the labor law of the legislation and practice,the principle of few and far between.After reviewing relevant historical materials,it is not hard to find that only private university,which offered "guild law" courses independently in early republic of China law schools,is elective.By 1945,"guild law" had become a common elective or compulsory subject in the list of subjects in the department of law revised by the ministry of education of the republic of China.Therefore,it is inseparable from the vigorous development of the workers’ movement in China and the world during this period of history.Chinese workers’ movement is the main form of the strike,the strike has distinct political and political significance,through the strike,the workers not only strive for and maintain their own rights,at the same time make the social status of workers group ascension and attention,in the political and social revolution is of great significance;At the same time,it also promotes the study and legislation of the trade union law by the government and academia.History shows that during the upsurge of the workers’ movement,there was a sharp increase in newspaper articles on labor law.Along with the rise of the movement of workers,the relevant union legislation on government legislative agenda and inspection over the same period and subsequent legislation of trade unions,though there are restrictive provisions,but also appears more than non-union legislation standard color.From initiator to relative maturity,the labor movement and trade union legislation in the early period of the republic of China can be regarded as an important model,even from the study of the history of trade union and trade union legislation worldwide.This paper chose the Shenggang Strike as research union legislative history of the material and the breakthrough point,is based on the following aspects: The Shenggang Strike is China’s longest strike since modern times,one of the biggest strike movement,most complicated political situation,social elements involved;On the other hand,the general intention of this paper is to make a vertical investigation.If the stage is divided,the strike movement in the provincial port has nodal significance.Before,during and after the Shenggang Strike,the national government has introduced relevant legislation and policies,and the context is clear.Province the harbor be established strike committee in the strike,as a temporary trade union organization leadership and service in the strike,it set up,operation mode and functions are to some extent reflect the status at that time,the implementation of the labor law,is to study the union legislation and practice of a very typical example.The main content of this paper is divided into three chapters.The first chapter mainly introduces the formation and development of the labor union before the strike.Legislation on the workers’ movement from the late Qing dynasty to the military government of Guangzhou.It mainly shows the trend of the trade union movement from being completely banned at the early stage to relatively open legislation later.The second chapter is the Shenggang Strike movement under the view of the trade union law.This paper analyzes the characteristics of the labor union of the strike committee and how the government regulates the relationship between the labor union function and the government as a trade union organization.The third chapter tries to combine the Chinese and the world Labor movement historical data for further analysis of the causes that why the strike committee function had surpassed general trade unions’ and analyzes and states the influence of the strike movement on the legislative and legislative trend of the labor union of Nanjing national government after the strike.