另外，有關限制該權利的法律規定本身是否具有合理性，限制的對象、範圍及程度又該如何尋求適切的審查基準，亦為本論文研究之重點。在團結權方面，著重探討加盟制協定與工會統制權的合理性及其運作的相關問題。至於團體交涉權方面，則主要是探討該權利是否可以成為私法上具體請求權的問題。而爭議權方面，則是針對各種具爭議性之罷工型態，試圖明確其保障範圍及基準。 Under the free economic system of capitalism, most people became the labors hired by the capitalists during the process of industrial revolution and industrialization Labors earn a living to survive by the means of labor force while the capitalists make quite abundant and rapid benefits by the means of accumulating capitals. Based on the freedom of contract, the capitals can take greater advantages economically and seize the predominant right to make all labor conditions; therefore, the labors would be in a weaker position compared to the capitalists, and in the end fail to resist the capitalists. Capitalists often resort to sacrifice the health and the life safety of the labors to conserve the production cost with a view to gaining the most profits. Therefore, it makes the labor conditions keep going from bad to worse, which not only damages the survival rights of each individual labor, but also enlarges the distance between the poor and the rich, and in the end causes the antagonism among the classes and the insecurity of the society. In Japan, the basic labor rights is being protected under the highest law – constitution; however, due to this country’s individual background of history, culture, political environment and labor consciousness, the labor rights is not being practiced as how it should be practiced in the constitution. These also make Japan’s situation of labor rights different with other developed western countries. These problems mentioned above are the main reasons which caused the motive of this dissertation.
