国际人权法视野的罢工权
发布时间：2018-12-08 09:16
【摘要】： 罢工是集体劳动冲突的一种表现形式,是多数劳动者集体停止工作的有组织的行为。而罢工权则是处于弱势地位的劳动者为了维护自身合法权益,对抗雇主或者用人单位的最有力武器,是人权的具体表现和基本组成之一,自然也是劳动者的合法权利。 本文主要是以法学理论为基础,从社会学分析的角度,在国际人权法的视野中展开探讨与论述。文章力图探寻罢工权的起源、发展轨迹和内容,分析罢工制度的性质以及罢工作为权利的本质体现,从多角度分析论证罢工权立法的必要性。对于全球化新背景下的一系列新问题采取有重点的论述,利用各种资料和数据,加上立足于法学理论基础的分析,分别对应得出具有针对性和可操作性的解决措施。 第一章主要是对罢工权做一些简单的介绍。首先界定概念,再从社会学和法学的角度,利用多方面资料,分析罢工权的起源背景,进而对其起因和本质做出比较准确和深刻的分析论证。然后对罢工根据不同的性质进行归类和区分,从而对接下来的立法分析做好准备。 第二章是论证罢工权立法的必要性。主要从国际人权的角度出发,利用社会法学和法学理论两门学科来进行阐述分析。罢工权作为人权的组成内容之一,对此的分析在本文中占有重要地位。社会法学方面的分析主要是考虑到罢工制度作为劳动法的构成部分,结构比较复杂,对整个社会的影响作用也非同小可,所以必须要用社会法学这门交叉学科来对罢工权立法进行有力的论证;而在法学理论方面,则主要截取了公民权利和法律价值两个方面来阐述。最后结合世界各国的罢工权立法状况,进一步证明罢工权的立法是很有必要的。 第三章和第四章是本文的重点所在。第三章针对目前的全球化进程背景,对罢工权立法提出了许多新问题。主要总结为劳动关系的变化、政府和社会方面的缺陷、罢工的负面影响和具体应用操作上的困境四类。本文参考和利用了大量数据资料,对此分别作了介绍和分析。 第四章则承接上一章所提出的新问题,运用法学理论和各种资料知识,从劳动关系、各国政府机制、对罢工权的必要限制措施、建立和完善罢工制度的具体执行机制和相关配套措施等四个方面,分别对应列出一整套规范健全罢工权制度的立法对策,力图做到详细、准确、可行,其中不乏笔者自己的一些构想和总结。 最后,希望本文对于罢工权的相关理论的发展能够有所裨益,在实践操作中亦可起到一定的指导作用。
[Abstract]:Strike is a form of collective labor conflict and an organized action by which most workers stop working collectively. The right to strike is the most powerful weapon to protect the legitimate rights and interests of the workers in a weak position and against employers or employers. It is one of the concrete manifestations and basic components of human rights, and naturally it is also the legitimate right of workers. This article is mainly based on the theory of law, from the angle of sociological analysis, in the field of international human rights law. This paper tries to explore the origin, development track and content of the right to strike, analyzes the nature of the strike system and the essential embodiment of the right to strike, and analyzes the necessity of the legislation of the right to strike from various angles. A series of new problems under the new background of globalization are discussed emphatically, using various materials and data, and the analysis based on the theoretical basis of law, respectively, to solve the problem with pertinence and maneuverability. The first chapter mainly introduces the right to strike. First, the concept is defined, then the origin background of the right to strike is analyzed from the angle of sociology and law, and then the origin and essence of the right to strike are analyzed and proved accurately and profoundly. Then the strike is classified and differentiated according to its different nature, so as to prepare for the following legislative analysis. The second chapter is to demonstrate the necessity of the right to strike legislation. From the point of view of international human rights, two subjects of social law and legal theory are used to elaborate and analyze. The analysis of the right to strike as one of the components of human rights plays an important role in this paper. The analysis of social law mainly takes into account the fact that the strike system, as an integral part of the labour law, is complex in structure and has a significant impact on society as a whole. Therefore, we must use the social law as an interdisciplinary discipline to demonstrate the right to strike legislation; But in the legal theory aspect, mainly intercepts the citizen right and the legal value two aspects to expound. Finally, combined with the legislation of the right to strike in the world, it is necessary to further prove the legislation of the right to strike. The third and fourth chapters are the focus of this paper. The third chapter puts forward a lot of new questions on the legislation of the right to strike in view of the background of the current globalization process. There are four main categories: the change of labor relation, the defect of government and society, the negative influence of strike and the dilemma of concrete application. In this paper, a large number of data are referenced and analyzed. The fourth chapter carries on the new problems raised in the previous chapter, using the legal theory and various kinds of information knowledge, from the labor relations, the national government mechanism, the necessary restriction measures to the right to strike, To establish and perfect the specific execution mechanism and related supporting measures of the strike system, respectively, to list a set of legislative countermeasures to standardize and perfect the system of the right to strike, in an effort to be detailed, accurate and feasible. Among them, there are some of my own ideas and conclusions. Finally, it is hoped that this paper can benefit the development of relevant theories of the right to strike and play a guiding role in practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D998.2
本文编号：2368096
[Abstract]:Strike is a form of collective labor conflict and an organized action by which most workers stop working collectively. The right to strike is the most powerful weapon to protect the legitimate rights and interests of the workers in a weak position and against employers or employers. It is one of the concrete manifestations and basic components of human rights, and naturally it is also the legitimate right of workers. This article is mainly based on the theory of law, from the angle of sociological analysis, in the field of international human rights law. This paper tries to explore the origin, development track and content of the right to strike, analyzes the nature of the strike system and the essential embodiment of the right to strike, and analyzes the necessity of the legislation of the right to strike from various angles. A series of new problems under the new background of globalization are discussed emphatically, using various materials and data, and the analysis based on the theoretical basis of law, respectively, to solve the problem with pertinence and maneuverability. The first chapter mainly introduces the right to strike. First, the concept is defined, then the origin background of the right to strike is analyzed from the angle of sociology and law, and then the origin and essence of the right to strike are analyzed and proved accurately and profoundly. Then the strike is classified and differentiated according to its different nature, so as to prepare for the following legislative analysis. The second chapter is to demonstrate the necessity of the right to strike legislation. From the point of view of international human rights, two subjects of social law and legal theory are used to elaborate and analyze. The analysis of the right to strike as one of the components of human rights plays an important role in this paper. The analysis of social law mainly takes into account the fact that the strike system, as an integral part of the labour law, is complex in structure and has a significant impact on society as a whole. Therefore, we must use the social law as an interdisciplinary discipline to demonstrate the right to strike legislation; But in the legal theory aspect, mainly intercepts the citizen right and the legal value two aspects to expound. Finally, combined with the legislation of the right to strike in the world, it is necessary to further prove the legislation of the right to strike. The third and fourth chapters are the focus of this paper. The third chapter puts forward a lot of new questions on the legislation of the right to strike in view of the background of the current globalization process. There are four main categories: the change of labor relation, the defect of government and society, the negative influence of strike and the dilemma of concrete application. In this paper, a large number of data are referenced and analyzed. The fourth chapter carries on the new problems raised in the previous chapter, using the legal theory and various kinds of information knowledge, from the labor relations, the national government mechanism, the necessary restriction measures to the right to strike, To establish and perfect the specific execution mechanism and related supporting measures of the strike system, respectively, to list a set of legislative countermeasures to standardize and perfect the system of the right to strike, in an effort to be detailed, accurate and feasible. Among them, there are some of my own ideas and conclusions. Finally, it is hoped that this paper can benefit the development of relevant theories of the right to strike and play a guiding role in practice.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D998.2
【引证文献】
相关硕士学位论文 前4条
1 蒋宇;国家电网公司海外电力业务并购的法律风险分析[D];华东政法大学;2010年
2 周成潭;罢工行为立法规制[D];福建师范大学;2010年
3 刘腾腾;罢工权研究[D];南京师范大学;2011年
4 杨羽;国际投资中的劳工权保护问题研究[D];复旦大学;2010年
，本文编号：2368096
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