罢工权入宪的正当性分析

2008年以来,罢工现象凸显。这就使得立足现实,系统的探讨罢工权是否应该入宪成为一个紧迫的话题。我国宪法对罢工权并无明确规定,但是在现行体制下,不管是从法的角度还是看现实中的处理,罢工权在我国也有一定的正当性的根据。但是,罢工权成为宪法基本权利仍有其特殊意义。在我国罢工权入宪不存在理论上和现实的阻碍和冲突,罢工权入宪不仅正当而且可行。因此,为更好的应对可能越来越多的罢工现象,应当将罢工权写入宪法,以便立法更好的调整其中涉及的各种关系。

The Analysis on the Justification providing the Right to Strike as a Constitutional Right

Since entering 2008, the strike frequently occured, which made the analysis on the justification providing the right to strike as a constitutional right became a hot topic. Our constitution doesn＇t state the right explicitly, but under the existing system, whether seeing from the law or the reality, the strike right in our country has a certain degree of legitimacy. However, it still has its special significance to make the right become a fundamental right in the constitution. In our country,there is no obstacles and conflicts in the way on writing the right into the constitution. It is legitimate and workable. Therefore, in order to deal with the phenomenon that people are more and more likely to strike , the strike right should be written into the constitution, so that the legislative branch can better adjust various relationships involved.