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The right of strike legislation

Author: LiLinZuo
Tutor: ZhangLvHao
School: China University of Political Science
Course: Legal
Keywords: Strike The right to strike Labor rights A law on the right to strike
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 0
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Abstract


In general, the strike has both broad and narrow divide generalized strike include political strikes and economic strike, narrowly strike single economic strike. The right to strike the country gives workers the rights that workers under certain conditions, can suspend work or even to stop the work of others, to require employers to improve working conditions, the right to remuneration for their work to improve the party against employers or labor units necessary. Its essence is the manifestation of the intensification of labor bilateral economic conflicts of interest. The right to strike as a statutory right, first appeared in the capitalist countries, resulting in the long-term unremitting struggle of the working class, the relevant laws and regulations of the constitution or constitutional documents of many countries in the world have the right to strike stipulates. The theoretical basis is the ideology of the right to life and the right to work. The strike is the development of a market economy to a certain extent, an inevitable phenomenon, present in our country, because workers and employers can not agree on remuneration for their work, social insurance and social welfare, working hours, working conditions, work projects, multifaceted contradictions accumulation led to the strike-prone. But China's current constitution has not required by the \It is this absence of legal cause embarrassment of the strike movement in our country is no legal basis in domestic law, a serious impediment to China's economic development and the rule of law. Here I think the legislative attitude of the present stage of the strike: \I believe that our strike phenomenon frequent absence of legislation and the right to strike between legal predicament, the three major issues of reality the predicament and international exchange plight of the reason may be, from the impact of the ideas, the restrictions on the level of political development, rights awareness weak were analyzed. Starting from the point of view of the Legislative Research, the first conceptual description, including the \the necessity of the right: to establish the right to strike is to resolve labor disputes, the need to balance the interests of both, is the need to promote the development of social harmony and stability. After further recommendations for the design of the system of the right to strike: First in the Constitution the right to strike, to determine the legitimacy of the right; Second, the specific provisions of the increase in the Labor Law and other related laws on the right to strike. The right to strike is enshrined in the Constitution, also need to have a specific legal norms to protect the exercise of the right to strike. Finally, the development of a special law on the right to strike under the guiding ideology and basic principles of the Constitution, the provisions of the details of the specific implementation of the right to strike. In addition, we should pay special attention to China's national conditions in the process of the establishment of the issue of the right to strike should be starting to learn from international experience, step by step, to ensure that both play a role to ensure that the maximum extent of the right to strike, but also to avoid possible the negative impact of social production and people's lives.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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