Author

Tianjiao Yu

Date of Award

1998

Document Type

Thesis

Abstract

The socialist market economy was written into the Chinese Constitution in 1993. From then on, the Ministry of Labour stopped officially denying the existence of strikes in China. For the past several years, there have been numerous reports of labour unrest. However, there is in no law regulating strikes. Strikes are prohibited in China. This thesis is designed to conduct a comparison of Canadian and Chinese law respecting the right to strike. Chapter I is devoted to analysis of the right to strike under Canadian law in two aspects. The first aspect is the question of whether there is a right to strike under the Canadian Charter of Rights and Freedoms. The second aspect is the right to strike under Canada labour law. Chapter II of the thesis deals with the right to strike under the Chinese constitutions. Chapter III of the thesis is concentrated on the right to strike under Chinese labour law. The last chapter is to provide law reform recommendations in relation to the Chinese legal system respecting the right to strike.

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