罢工权中国化逻辑研究

罢工是市场经济国家普遍存在的现象,中国也不例外。近年来随着我国市场经济的发展,劳资纠纷逐渐增多,因劳资纠纷引发的罢工事件也呈上升趋势。由于罢工权法律规制的缺失,导致我国罢工处于无序的混乱状态。立法承认罢工权,并对其加以规制,有现实的必要性。我国应立法保障劳动者享有和有效行使罢工权,发挥罢工权在平衡劳资关系、解决劳资纠纷中的作用,同时应对罢工权进行必要的限制,保证其在法制的轨道上运行。

A Logical Study of the Right to Strike in China

The strike is very common in market economy countries, and China is no exception. In recent years, with the development of market economy in our country, labor disputes have increased gradually and the strike due to these disputes have also been on the rise. Owing to the shortage of legal regulations in this strike in our country is in a state of disorder. Thus it is very necessary to acknowledge and regulate aspect, the the right to strike through legislation. Our law should guarantee all the workers to have and effectively exercise this right, and let it balance the industrial relations and resolve the labor disputes. Meanwhile, efforts should be made to restrain the right to strike properly so that it can be implemented successfully.