Judicial Protection and Limitation on Freedom of Association:Perceived from the New Provisions on Judicial Protection Added to the Trade Union Law
Against the background of having ratified the International Covenant on Economic,Social and Cultural Rights(hereinafter referred to as ICESC)and signed the International Covenant on Civil and Political Rights(hereinafter referred to as ICCPR)737818,one important progress made by China in protecting the right to form and join trade union,as provided in Article 8 of ICESC,and the right to freedom of association,as provided in Article 22 of ICCPR,is that the 24th Meeting of the Standing Committee of the Ninth National People’s Congress passed the Decision on Amending the Trade Union Law of the People’s Republic of China on 27 October 2001.This Decision made 44 amendments to the Trade Union Law adopted in 1992.The most remarkable part was that it newly included many unprecedented provisions to grant judicial protection for the right to form and join trade unions by workers. In the author’s view,these new provisions will suffice to substantially influence the developments of the litigation system in China,and the issue is approached from the following two aspects.
Zhao Zhengqun: Professor,School of Politics and Law,Nankai University.