团结权曾被中国弃之不用长达数十年。但是近年来数起罢工事件以集体谈判的方式化解,而没有出现逮捕、起诉等传统桥段。这一变化主要是因为罢工者有意识地将他们的罢工再政治化,把法律不敢正视、拒绝处理的劳资冲突,转化为党群关系问题来解决,从而克服了法治的藩篱。借此而复得的团结权其实并非法定权利,但却是“权”字所指的权势、权能、权威、人民主权的“本义”。 Solidarity has been abandoned by China for decades. However, several strikes in recent years have been resolved by collective bargaining without any traditional arrests or prosecutions. This change was mainly due to the fact that the strikers had consciously resolved the politicization of their strikes and the conflict between the labor and capital that the law did not face squarely and refused to deal with and the relationship between the party and the masses so as to overcome the barrier to the rule of law. It is not a statutory right to reunify with it, but it is the “original meaning” of the power, authority, authority and people’s sovereignty which the word “power” refers to.