The 82 constitution abolished the right to strike

"The right to strike"

In Chinese modern history, "strike", is a very common nouns. We have for having heard it many times, Yue Han railway workers strike, the Longhai railway strike, Changxindian railway workers strike, teenage boy railway workers movement, general strike, as well as the NPC Anyuan miners led by 1922 Liu Shaoji strike......

Can say, since the modern times, "strike" is always and always China revolution. However, after the establishment of new China, before the "common program", after "five four" the constitution, which has no stipulation on "the right to strike; Mao Zedong" was first proposed in 1956 should be "freedom to strike" written into the constitution, but it was not until 20 years later in 1975, the proposal was put into practice, which what is the reason?

In particular, it is worth recalling: "seven five" and "seven or eight" the Constitution Constitution, will "strike freedom" written in, why "eight two" the constitution has to be canceled? In a market economy is so advanced today, "the right to strike" whether it is necessary to re write the constitution, has become a hot topic for discussion a law, in this reality is discussed based on the historical background, based on the knowledge reduction, to Kam, apparently also has its special value.

[1956] proposed constitutional amendment: "Mao Zedong after a strike freedom"

Mao Zedong: I advocate a freedom to strike, to allow the workers to go on strike

In 1954, the Constitution does not require the workers' right to strike. After 1950, the trade union law promulgated by the Central People's government, nor on the strike provisions. First proposed the "freedom to strike" written into the Constitution in November 15, 1956, Mao Zedong "in Chinese Eighth CPC Central Committee second plenary meeting". "Speech" said:

"Democracy is a method, used in who people, see what to do. We are a great democracy. Our love is great democracy under the leadership of the proletariat....... Now if great democracy, I agree.Are you afraid of the people of Shangjie, I am afraid, he is not afraid to hundreds of thousands of....... Great democracy proletariat launched against the class enemy. Enemies of the nation (it is imperialism, foreign monopoly capitalist class is the class enemy). Democracy can also be used against bureaucrats. As I have said, after ten thousand years and revolution, then if great democracy is possible. If some people live impatient, engage in bureaucracy, saw masses a word no, you, the masses have solve the problem not to go, it must be overthrown. Now, the danger exists.If divorced from the masses, not to solve their problems, the peasants will hit the pole, the workers must protest in Shangjie, students will create disturbances. Whenever such things, the first to say that is a good thing, is how I look at the.

"A few years ago, a place in Henan province to build the airport, do not give farmers to arrange good, did not say the truth, they are forcing people to move. The peasants of the village said, you take a long stick to dial the tree sparrow nest, put it down, Chelsea have to call several voice. Deng Xiaoping you also have a nest, I put your nest get rotten, you want to call several voice? So the local people set up three lines of defence: the first line is the children, the second of women, third able-bodied young men. To measure people are out there, the peasants won the. Later, to the farmer to say clearly, for they made the arrangement, their home or moved, the airport was built. Such things a lot. Now, there are some, like won the world, can sleep without any anxiety, can run amuck. Such people, the people against him, hit a rock, a hoe, I should, I most welcome. But some of the time, only to be able to solve the problem. The Communist Party needs to learn a lesson. Students in Shangjie, workers in Shangjie, there are such things, Comrades as good. Chengdu has more than one hundred students to Beijing to petition, a train students in Sichuan Province Guangyuan station stop, another train students to Luoyang, not able to come to Beijing. In my opinion, Premier Zhou's opinion, be in Beijing, to the relevant departments to visit.To allow the workers to go on strike, allowing the mass demonstrations. Demonstration is based in the constitution. After the revision of the constitution, I advocate a freedom to strike, to allow the workers to go on strike.So, to help resolve the contradiction between countries, factory and the masses." (from "the people's Republic of China history as a mirror, the first volume 1949-1956", the red flag press, 1994)

"The relationship between anti rash advance" and "strike freedom"

"The strike freedom" is not the meeting to discuss the issue, why "speech" will refer to this problem? By accident? I'm afraid not. By combing the Chinese Communist Party in 1956 eight second plenary session of the historical background, reducing the political atmosphere, can see some traces of --

Since 1955, a second compilation of economic development five year plan has been put on the agenda, was just on the "anti rightist conservative ideas", the indicators are "two five" project start will be very high, and has been recognized by Mao Zedong, but in fact was not to do; to 1956, will be held on the 8th National Congress of the CPC, "two five" plan and "two five" plan on the recommendations of the report, are two important documents, eight so, "in urgent circumstances, Zhou Enlai, Chen Yun decided to propose a compromise" more realistic, in accordance with the established on the "safe reliable basis" scheme, compared to the previous number, grain, cotton and steel production are substantially lower compression.

At the same time with this simple, President Paudin Bai Paco J and first vice president of the Soviet Union Planning Commission Director of National Planning Committee, met with Li Fuchun in Moscow, said the domestic situation of the Soviet Union is very difficult, the supply of metal material is very nervous,But workers are on strikeIt is difficult to Chinese requirements, supply of equipment guarantee, hope China comrades to understand the current difficulties. Later, the Soviet Communist Party Central Committee has sent a letter to the CPC Central Committee, said the national economic Chinese "two five" plan development speed is nervous, consideration should be given to the possibility of reality, careful to set the pace of development of the national economy; the letter also said: "Chinese demanded that the Soviet Union to provide technical assistance for the 109 new businesses in the 'two five' period, the Soviet Union will try to meet, but the equipment required, from 1961 to start the supply (some project in 1960 began to supply), earlier supply equipment is not possible."

Moscow's letter is "timely", "Zhou Enlai make use of this opportunity, to plan index was amended in 1962, grain output is 500000000000 jins, cotton yield is 48000000 or so", "this index was finally accepted by Mao zedong. In September 8th, Mao Zedong wrote a letter to Liu Shaoji, said Zhou Enlai's revision, 'I see instead are available'"

But the difference does not appear to have been completely eliminated. Bo Yibo recalls: "put forward by Chairman Mao and multiple, fast, good, province slogan, itself is a more comprehensive. However, the good and the provincial standard, people did not put forward specific index, no one seriously studied, also difficult to achieve. Multiple and fast conspicuous, in defiance of good, and safety conditions, do it 'easy'. In criticizing the 'rightist conservative' and carry out production and construction climax atmosphere, people are more likely to pay attention to many, fast and ignore the good, province. And the so-called 'more, faster' is often at the expense of 'good,' as the price. In view of the,Premier Zhou in the third amendment 'two five' draft plan, an important place in the deleted 'to several more, fast, good, province spirit' word. This caused the attention of chairman mao. Later criticism against the aggressive, it has been proposed."(Bo Yibo:" some major decisions and Events Review "Volume I)

In September 15th, the Communist Party of China 8 held. The second day, Zhou Enlai made "mission" the first five year plan and the implementation of the second five year plan of the report at the conference. The report warned: even under favorable conditions, but also pay attention to the current and future possible adverse factors, economic development is "don't be impatient rash advance". The report also said, "after the 1956 to 1967 when the national programme for agricultural development" published, had a bias of rash advance. In September 27th, Congress passed the "on the development of the national economy of the second five year plan (one nine five eight - nine six two).". This means that the "Zhou Enlai, Chen Yun kept the anti rash advance, finally getting the recognition".

The problem of "two five" plan index was solved, the Communist Party of China 8 also ended. But "rash advance" problem because the meeting did not disappear. In October 20th November 9th, Zhou Enlai continuously held executive meeting of the State Council, the implementation of the inspection plan in 1956 1957, the main control index. Zhou Enlai put forward at the meeting, now the main is the number of "left", also said: we now to slow it down a little bit, this "is not wrong". So, the 1957 plan should "take policy". Where to? Is the index back to the Beidaihe meeting of the scheme. The back is not the individual back ", but should be back" (according to "Zhou Enlai biography", the Central Literature Publishing House)

Zhou Enlai, "Chen Yun's views are very clear, that would be a little slow, slow it for a year or two, until the end of the third five year plan, each of the five year plan to slow a year. So some safely, is said to be 'right' some. 'right' rather than 'left' tipping point. "" ; Li Xiannian also made the same opinion, said the 1956 results although large, but also many problems, if not conscientiously sum up the experience of 1957 1956, still the shop so large, the day is not good. 'if you don't speak not to take this year, next year on the compression can'."

By November, the eight plenary meeting held. The first day of the conference, Zhou Enlai made "on the 1957 national economic plan report", the 1957 guidelines identified as "focus on the development, the appropriate contraction", that "two five" plan "can slow down a bit". In talking about "rash advance" may lead to consequences,"He also reminded that, in order to prevent Chinese also come with a" Poznan ", hundreds of thousands of people stood the petition in the street, it is a great problem".

Zhou Enlai, "Liu Shaoji said at the meeting, the industry construction speed must be based on reliable.He also explains what is safe and reliable, it is the mass is not always on the road, can not make up, happy, also keep the masses in the kind of enthusiasm."

However, Zhou Enlai and Liu Shaoji's comments did not obtain Mao Zedong identity. "Mao Zedong obviously do not agree with Liu Shaoji and Zhou Enlai's speech. Previously, he approved of Zhou Enlai (eight) report said: 'this is to be studied, criticism'. Later, he took the eight second plenary session as anti aggressive 'embodied'. On that day, at the end of the November 15th, Mao Zedong made a speech, speak a balance problem and the enthusiasm of the masses problem. He has been to heart of these two things, because Zhou Enlai, Chen Yun repeatedly mentioned to keep balance, which is the theoretical basis for their anti rash advance, and Mao Zedong emphasized is to break the balance."

-- so it seems it is not difficult to see that, Mao Zedong in eight second plenary session said: "are you afraid of the people of Shangjie, I am afraid, to his hundreds of thousands of fear"; "if divorced from the masses, not to solve their problems, the peasants will hit the pole, the workers must protest in Shangjie, students will create disturbances. Whenever such things, the first to say that is a good thing, so I was watching ";" to allow the workers to go on strike, allowing the mass demonstrations. Demonstration is based in the constitution. After the revision of the constitution, I advocate a freedom to strike, to allow the workers to go on strike"...... These words, apparently unique referred to. (this section reference data, which are not specified, are from the Xing Heming "beautifully" in 1956, Fujian people's publishing house, 2007)

[1975] "the freedom to strike first" into the Constitution

Exactly 20 years after "the freedom to strike," and finally into the Constitution

Mao Zedong's speech of 1956 and did not let the "freedom to strike" immediately into the constitution, because the situation changes so fast, the rule of law has been unable to meet the needs of the new era, a personal rule has been rapid and strong arrival --

In 1956 March 17, 1957, just past, Mao Zedong is formally proposed the "cancel the Constitution (method) class, to make up new ideas, political views of the textbook" ("to strengthen the ideological, political and Ideological Political Education --", Zhou Enlai, Chen Yun, Peng Zhen, to land a ", according to the Central Literature Publishing House 1990 edition" since the founding of new China, Mao Zedong manuscript "sixth volumes)

In 1958, August 21st, Mao Zedong in Beidaihe held the enlarged meeting of the Central Political Bureau said: "this law does not work, but we have a set of our,...... Can not rely on the law governing the majority. Most people get into the habit of. Civil law, criminal law provisions as many who remember? The constitution is me to make, I remember. Our rules, most, ninety percent departments do, we basically do not rely on those, mainly depends on the resolution, the meeting, do four times a year, do not rely on the civil law, criminal law to maintain the order,...... We each decision is law, the meeting is law, security regulations will also develop habits to comply with". Liu Shaoji also said at the meeting: "what is the rule of law and rule by law? It seems real, only for reference." (quoted from Han Dayuan "the constitution of 1954 and the new Chinese constitutionalism", Hunan people's publishing house, 2004)

So, in December 20, 1958, the central political group to the Party Central Committee, Mao Zedong's report: criminal law, civil law, procedural law, according to the actual situation of our country, has no need to set the; such a situation, "freedom to strike" in the constitution, naturally became the talk. Until 1975, the year January 13th to 17, the first session of the Fourth National People's Congress held in Beijing, the most important item on the agenda of the general assembly to amend the constitution, the constitutional amendment, in Mao Zedong's insistence, "freedom to strike" was written into the constitution. At this time, from the 1956 Mao Zedong proposal "freedom to strike" in the constitution, has in the past 20 years.

"The strike freedom" into the Constitution and the Great Proletarian Cultural Revolution "will continue"

The constitution of 1975, is the new China second constitutions. Why the "freedom to strike" will be in this year, after Mao Zedong forgotten 20 years, and again in his insistence to formally enter the Constitution? By accident? Not afraid. In 1975 the "constitution" to read carefully, is not difficult to find the key point so a few particularly notable, but the key point to understand "the freedom to strike" in this year into the constitution, is also very helpful:

(1), "taking class struggle as the key link" the Great Proletarian Cultural Revolution of error theory and fault lines in the form of Constitution affirms. The new constitution stipulates: "the socialist society is a long historical stage, in this stage, there is always a class, class contradiction and class struggle of socialism and capitalism, there is a struggle between the two roads, there is the danger of capitalist restoration, there are imperialism, Social Imperialism of subversion and aggression threat. These contradictions, only by the dictatorship of the proletariat to revolutionary theory and practice to solve." -- this is to nine, ten party constitution must "party for the whole historical period of socialism basic line" again in the "constitution" of the "constitution" affirmed it, into the "left" track from guiding ideology.

(2), in order to ensure the "Cultural Revolution" continue to proceed smoothly, the new constitution: the local Revolutionary Committee at all levels is a permanent organ of local people's congresses, is also the local people's governments at various levels. Local revolutionary committees at various levels by the deputy director director, some people, some members, and the Revolutionary Committee made regulations. This is the original place of the political system -- the place all levels of people's Committee, the local people's governments at all levels, is the local people's congresses executive organs -- made a major change, the "Cultural Revolution" in the "new things" Revolutionary Committee, the legal form of fixed; the new Constitution also stipulates: "the rural people the commune is the combination of politics and society organization", so that the people's commune this regardless of Party and government, political, not legal status, and from the level of development of productive forces system.

(3), the new constitution stipulates: "the proletariat must in the superstructure including exercise all-round dictatorship" of the bourgeois in various cultural fields; "Da Ming, large discharge, large posters, debate," is a new form of "people created the socialist revolution; also cancelled the procuratorial organs, procuratorial organs stipulated:" the powers of the "by the public security organs at all levels;" prosecution and trial, must carry out the mass line."

Obviously, the constitution of 1975, "the 'Cultural Revolution' basic theory, practice, to a fundamental law to confirm the position" ("new Chinese administrative history: 1949 ~ 2000"). If the link to Mao Zedong's physical condition, and docking class concerns, the fundamental purpose of the constitution, it is not difficult to understand.

Such a large background, citizens have the freedom to strike with the "Da Ming, large discharge, large posters, debate," into the constitution. The latter is clearly the era of countercurrent, but how to understand it? Maybe American scholar Ranbir Vora is close to the fact that -- "as Mao Zedong insisted," basic rights the right to strike "add a, although many people do not understand, why the ruling class to strike against their own -- does that mean that Mao Zedong to prevent if the working class to usurp state power became a reactionary right?" (Ranbir Vora China "pre modern pains", Liaoning people's publishing house, 1989 05 First Edition)

The 78 Constitution: "freedom to strike" is preserved

In 1976 January, Zhou Enlai died; in September, Mao Zedong's death; in October, crushing the "Gang of four", "the end of the cultural revolution". In this historical background, the new Chinese third Constitution -- "seven or eight" the constitution was born.

The formulation of the "seven or eight" the purpose is very clear, the adverse effects of clear "seven five" the constitution, restore the damaged democracy and legal system principle, implement the protection function of constitutional basic rights of citizens, citizen's basic rights of individuals to restore the confidence, eliminate the effect of "cultural Revolution" period between the citizen's basic rights are violated, maintaining social stability. So, in the clear "seven five" the constitution of the dross, "freedom to strike is a basic human rights" is deemed to be a citizen, be inherited.

[1982] "freedom to strike" provisions from the Constitution

Why cancel: strike does not conform to the interests of all the people

The constitution of 1978 with a transitional period of transition strongly again in 1982, the constitution is inevitable. "Eight two" after the new constitution system China established the fourth constitution. The constitutional amendment, "freedom to strike" this provision was expunged from the constitution.

Why be abolished? According to Cai Dingjian "the Constitution says" a book to explain, is the case:

"A view that citizens have the right to strike should be stipulated, the reason is to amend the Constitution in 1978 has made the stipulation, if cancel the influence not good. Moreover, the strike on the socialist countries to solve the problems of bureaucracy is very necessary. Don't agree to write the right to strike people believe that: firstly, the strike is a capitalist country workers against the capitalists, against oppression, the workers socialist countries should not have to strike; secondly, the strike not only affect the production, but also affect social order, stability and unity, adverse to the "four" of the building; finally, the capitalist countries could not casually strike; against bureaucracy by other means, without the strike method. Others argue that the provisions of the freedom of residence and movement. The reason is the constitution of 1954 ninetieth stipulates that citizens have freedom of residence and movement. Many foreign constitution also have such provisions.In the constitutional amendment third plenary meeting, Hu Qiaomu explained, because workers and the national interests is consistent, the strike does not conform to the interests of all the people, therefore, the provisions of the freedom to strike is not retained.On the freedom of residence and movement problems, Hu Qiaomu said, this question should take into account the actual impossible. Not only there are difficulties, the future is not accepted. Can't let free of migrant rural population. Now the city is very difficult, have the right people in town to live in, that is not specified." ("in April 12, 1982, the constitutional amendment committee secretary general Hu Qiaomu revised the Third Plenary Session of the Committee on the description" in the constitution).

"Countries do not have an obligation to protect the strike", does not mean that the strike is illegal

After "eight two" constitution released, along with a number of related reading books, most are related to the "cancel the freedom to strike" clause. For example, in 1983, Gansu people's Publishing House published a book entitled "'the people's Republic of China Constitution' Q & a" so that the interpretation of this problem:

"Written in the constitution of the bourgeoisie 'freedom to strike' provision, but is a bourgeois democratic decoration decoration. Under the socialist system, the enterprise belongs to the people, workers are the masters of the enterprise; the aim of socialist production is to meet the material and cultural needs of people growing, production results possessed by all members of society, therefore, business interests, national interests and the interests of the people are completely consistent. In this case,If the strike, stop production, the national economy was destroyed, the country and the people would suffer undue loss, which is obviously runs counter to their own interests, but also any conscious citizens are not allowed to do. From the actual situation of the new constitution, seek truth from facts to the abolition of the "freedom to strike" clause, which is in the fundamental interests of citizens."

According to the description of the book, the strike "is a conscious citizens are not allowed to do things", seems to have hidden that citizen strike is illegal behavior. In fact, in the late 80's have had foreign accordingly finds its enterprise workers strike is illegal behavior, requirements Chinese government "case prosecuted according to law". But the "freedom to strike" from the constitution disappeared, it means that the strike illegal?

It is obviously wrong. The 1984 Law Press published a book "the new constitution on", which specifically talk about the problem, said the book:

"In our country, not to 'freedom to strike' was written into the constitution as a fundamental right of citizens, does not mean that in any circumstances and conditions, any strike is illegal. Our constitution and laws do not prohibit the strike, the Constitution does not require the freedom to strike, is that our country does not advocate the use of the method with the bureaucracy to fight, but to take various effective measures to resolve conflicts in the bud, to focus on the method of persuasion by educational workers, from the overall situation, as far as possible to avoid a strike this situation."

1996 "law and business studies, Journal of South Central Institute of political" third periodical published the "Ge Shaoying strike our country legislation of" one article, read more accurate to strike the illegal this problem:

"The Central Committee of the Communist Party in the strike on the problem instructions has clearly pointed out that no illegal strike. With the growing development of our economic system reform deeply and the socialist legal system, the law also appear in the 'enterprise produces shutdown, sabotage, trade union should jointly with business administration or relevant consultations can be solved in reasonable demands raised by the workers, restore the normal production order relevant regulations' as soon as possible. This provision does not prohibit the shutdown, sabotage and other similar strike behavior as the very means of solving labor disputes, but also provide a basis for 'reasonable requirements' downtime, sabotage and other similar strikes from legal behavior. So simple that 'China banned strikes' or' strike illegal 'are on a misunderstanding of the law.

"In our country, the strike is not illegal, but the law is not on strike basically do not advocate or. The legislation in China does not have the strike as enterprise workers and trade union rights, its practical significance lies in two aspects: on the one hand is the country does not promote or discourage the strike, with a negative way to avoid and prevent the occurrence of the strike; on the other hand, the strike was not legal protection, the state has no the obligation of protection."

China signed the "economic, social and cultural rights international convention", recognized labourers shall have the right to strike

"The right to strike" currently is in a very delicate situation in China: on the one hand, it is removed from the "eight two" in the constitution, has not yet been restored; on the other hand, in 1997, Chinese joined the United Nations "economic, social and cultural rights and the International Covenant", the provisions of article eighth of the Convention: States parties should ensure that workers enjoy the right to strike. At the time of approval, and not the provisions of the reservations, this also shows that: China is to fulfill this provision.

But, for the implementation of the Convention, the National People's Congress Standing Committee in October 27, 2001 amended the "trade union law", which states: "enterprises, institutions, sabotage shutdown event, the trade union shall represent the workers with the enterprise, institution or relevant consultations, reflect the opinions and demands of staff and workers and bring forward opinions on solutions". Although the general requirements of the provisions and the right to strike is still a distance, but the "work", " sabotage", apparently "another argument strike".

[Annex] "eight two" the constitution about whether they should keep the "freedom to strike" debate

In order to complete the display of "eight two" Cancel "Constitution with process strike freedom", below enclosed several year debate articles and used as propaganda, interpretation of the news.

[] Xu Chongde: Affirmative constitution should retain the freedom to strike

1981 the 03 period "Law Journal" published a signed "Zhong Dai" (i.e. jurist Xu Chongde) article "constitution should retain the freedom to strike? ". The article says:

"In order to further illustrate this point, it is necessary to let us briefly mention history, as the end of this paper: in 1793, the French Jacobin dictatorship has promulgated a constitution. The Constitution not only confirm that the citizen enjoys the person, belief, publishing, petition, of freedom, enjoy the right to education and social relief, but also provides that if the government violated the interests of the people, people have the rights of the uprising. Obviously, the Jacobins not proletarian revolutionist, more do not talk to go up to scientific socialism as the guiding theory....... When the Jacobin regime is through the struggle and sacrifice to their own hands, to be not easily won regime don't know to cherish? No, not at all. They confirm that people have the uprising of the rights in the constitution, but he is committed to the sovereignty belongs to the people of faith. The Jacobins purpose in doing so, it is to call on and encourage people's uprising, and overthrow their rule? Absolutely not. I don't know how to produce Jacobins uprising and the influence of the adverse impact on the social stability, but because they believe they represent the people, for the people's interests and work hard, so it attracts people's support and love, and never use means overthrow their uprising. It is based on this confidence, they dare to lethal weapon gave the people. Of course, subjective belief is one thing, historical development objective is another matter. But the Jacobin dictatorship overthrown, don't the reasons are complicated, is not incurred due to the implementation of the people's sovereignty.

"History today, control. As a radical democracy Jacobin could have this kind of style, why to carry out socialist democratic principles of proletarian constitutional inversion in the freedom to strike on the issue, not a style? So, our view is that, in the Constitution shall retain 'citizens have the freedom to strike' this one."[with]

[negative] Bao Yin: "freedom to strike" is "to stop the production of revolution"

1982 is the seventh phase of the "front line" magazine, published a signed "Yin Bao" article "to call off the strike freedom necessity -- learning a little experience in the revision of the constitution draft". The paper not only repeated the reason -- "we are a socialist country, workers and the national interests is consistent, the strike does not conform to the interests of all the people" -- and especially the "seven five", "seven or eight" the Constitution Constitution writing "the strike freedom" of the "Cultural Revolution" background:

"Ten years of civil strife, has been a lesson to us, endless with a sledgehammer, almost all walks of life - the kind of painful chaos, to our country brought serious disaster. Down with the 'gang of four' later, need to gradually eliminate all factors of instability, creating political stability and unity. Therefore, the party and the country leads the people of the whole country, bring order out of chaos, in the basis of reform from the bottom up, took a series of effective measures to. If the fifth session of the Twelfth Meeting of the standing committee dealing with 'Xidan wall', the fifth session of National People's Congress third conference decided to cancel the Constitution in article forty-fifth of the 'big four' (editor's note: the "Da Ming, large discharge, large posters debate," into the 1975 constitution) regulations, reflect the people's voice, win Chinese people's support, so as to put in some political movements in a whole of 'four', is swept into the garbage heap of history. 'the big four' the so-called 'Democracy' and the freedom to strike is also written into our constitution, are interdependent. But the 'big four' was cancelled later, as the 'backup' strike freedom, nature also relying on the lost its due.Because of many years' big four 'exercise this means confusion lesson tells us, the so-called freedom to strike its essence is to stop the production of' revolution ', is actually a delay for a long time to the whole nation announces buzzing, workers do not work, authorities do not work, students do not go to school, the farmer is not farming, it was the' freedom to strike 'The 'four', it plays an important role, is the 'gang of four' era 'drilling' of our constitution a unstable cooked draft amendments to the Constitution called off the strike freedom, in full compliance with the national work of the shift of focus after the realization of the four modernization, maintain the stability and unity of the general policy. The objective situation demands us to exclude evil multiterminal strike struggle. It was obvious, in our socialist country, the people of their own can not stop their work, strike interrupt production, destroy continuity of social production, is not conducive to the economic construction. Now our country is have a hundred things to do on the occasion, do not trouble to strike. Be of one heart and one mind in economic construction, National People's wish. To meet this National People's desire, this is China's biggest political.[with]

It should be said, would "strike freedom" and the "Cultural Revolution" tied together -- this view in 1982 a market; moreover, a key factor in making "eight two" of the constitution, which eliminate the influence of the "Cultural Revolution".

[advertising] workers daily: strike "vital interests are harmful to workers"

In June 1, 1982, "the worker's Daily" published an article entitled "the new constitution did not stipulate the free?" the article, to workers explain why the new constitution abolished the "freedom to strike". The article says:

"Our country is the broad masses of the people be in power of socialist countries. In most cases, the masses of workers in order to express and realize some reasonable requirements, own not to, also do not need to take strike means. Because of the strike will affect the normal order of production and other work, and causes losses to the national economy."

"...... Under capitalism, the means of production belong to the capitalists all, state power is representing the interests of the bourgeoisie, the ruling Labor's tools. In such a society, class organization workers strike, is fighting for the welfare of the workers and the right against the exploitation of capitalism, to overthrow the rule of the bourgeoisie, an important means of. But under the socialist system, the state power on behalf of the working class and the interests of the masses, the means of production of state-owned enterprises belong to the whole society all. The strike in this case, make the national economy to suffer a loss, it is harmful not only to the whole country and the interests of all the people, but also harmful to the vital interests of the workers. We discuss the strike, not to consider two kinds of social system there is a fundamental difference between the basic fact."[with]

1982 is the third phase of the "Lanzhou journal" published an article on special jurist Wu Wenhan (Department of political science, Northwest Normal University Law Professor, vice president of the association of the province) interview, titled "on the draft amendment to the constitution of the answers to the questions", the intellectuals, publicize the new constitution interpretation. The mention of "the right to strike," said:

AskCitizens have the right to strike: on this one, the first three constitution that rational, the draft amendments to the constitution that rational cancelled, excuse me what rational?

Answer: Citizens' right to strike, the 1954 Constitution is no, just stipulate only in 1975, the Constitution and the constitution of 1978. This provision shall constitution, should proceed from our national conditions, seek truth from facts analysis.

The 1975 constitution about the strike freedom, is the product of the ultra left thought, then, all taking class struggle as the key link, even at the personal freedom of citizens are deprived of, what to talk about "freedom to strike"? The constitution of 1978 from 1975 about the constitution "the strike freedom", it is not in line with China's socialist four modernization construction conditions.

After the smashing of the "Gang of four", China began to transfer to the four socialist modernizations construction, which requires a domestic political stability and unity. "The citizens have the freedom to strike" right written into the draft, very easily by individual villains loophole, use the right, disrupt the socialist economic order and social order, destroyed the four modernizations.[with]

● the conclusion:

On the "freedom to strike" in the new China "constitution" in the history of ups and downs, jurist Zhang Qianfan experienced a period of evaluation, excerpts from this, and as a conclusion:

"The constitution of 1982 1975 and the 1978 constitution removed the 'freedom to strike'. Constitutional scholars explained this kind of right is absolutely necessary for the capitalist countries, 'but in our country, after a strike to stop production, is a kind of damage to all the people including the working class interests....... Moreover, our state-owned enterprises shall have the right to participate in the management of enterprises, collective economic organizations of all workers have the right to elect or remove their managerial personnel, what need is there to take strike way to deal with the bureaucracy? ' In today's view, the "interpretation" obviously can't convince anyone. It not only reflects the scholars do not know 'capitalism' countries, but are not really understand our situation. Once inside the China actual, the support delete 'freedom to strike' argument is untenable. This is not to say that the constitution should not cancel 'freedom to strike, but the constitutional scholars' task is clearly not only for the Constitution (or not specified) to provide such a surface defense.

"Is more basic, scholars have no obligation to stand at any given value judgment for the position of any argument. Based on the analysis of basic philosophical distinction between value and fact, value choice is not "true value", not in the strict sense of right and wrong and so. Since it is so,In a democratic society, the value of choice is decided by the people's representative congress or, so the method through the democratic representative on behalf of the interests of the majority of society and values.If the scholars will be subjective value her in his academic work, he not only wrong understanding of their roles, but also will make it work out "academic" value. "Tribune" (published in 2005 second, pp. 3-9. "From" people's sovereignty "to" human rights "-- China constitution vicissitude of study mode")