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2008年,重庆、海南、甘肃、广东等地相继出现出租车司机罢运事件,引起了广泛的关注。显然,罢工已成为一种社会现象而客观存在。然而,中国的宪法和法律并未规范劳动者的罢工权,罢工手段的合法与否成为了问题。而中国一直回避罢工权问题,原因在于罢工权的政治属性以及其引起后果的影响度。不过,罢工权作为消极劳动权,应当受到宪法的保障,随着经济的发展,罢工事件将会越来越多,罢工权入宪将成为趋势。
In 2008, the taxi driver strike incident occurred successively in Chongqing, Hainan, Gansu and Guangdong, arousing widespread concern. Obviously, the strike has become an objective phenomenon of social phenomena. However, China’s constitution and laws do not regulate the workers’ right to strike. The lawfulness of the strike has become a problem. China has always evaded the issue of the right to strike because of the political nature of the right to strike and its impact on the consequences. However, as a negative labor right, the right to strike should be guaranteed by the Constitution. As the economy develops, the number of strikes will be more and more. The right to strike will become a trend.