Abstract

The article analyses approaches to legitimacy and the legal regulation of strikes in China in the context of rising levels of collective disputes and collective action. The right to strike, as a fundamental human right, has been recognized in principle and embodied in Chinese law. But the relevant legislation is not yet clear or sufficient. Strikes are not illegal in China, and the penalties to which those who organize strikes are liable arise from inappropriate application of the law, or are not based in law. Drawing on the experience of the 2010 Nanhai Honda strike, it is argued that dealing with strikes in the current legal framework should follow the principles of rational treatment and legal resolution.

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