On The System Of Labor Public Interest Action

The labor public interest action originates from the public interest action. It is the special form of the public interest actioa The system of labor public interest action is based on the previous research on the theory of the labor public interest action. It is significant to make research on the system of labor public interest action systematically. Firstly, it is beneficial to fully protect the legal rights and interests of the laborers who are relatively weak and to promote the establishment and improvement of the labor system of the socialist market economy. Secondly, it is beneficial to carry out the spirit of rule by law and to strengthen the actionable nature of the law and to bring the functions of actions into full play. Thirdly, it is beneficial to improve the research on the theory of the relationship between the statutes and the procedural laws and that of the procedure laws in ChinaIn this thesis, the author compares the system of labor public interest actions in the countries of the Anglo-American law system and the continental law system and the current situation and judicial practice of this system in our country. Based on this, the author analyzes the legal philosophy and the realistic evidence of this system. The author insists that the system of labor public interest actions should be established in China. In addition, the author explains its necessity from the following aspects: the subjects of lawsuits, the scope for accepting actions, the opportunity for actions, the procedures for actions and the guarantee system. At present, the trade unions and the procuratorial departments should be empowered to exercise the right of action in China. This system should be introduced if the employing unit breaks the labor protection system of minimum standard. This system should be applied to the civil procedure. However, there are some differences in establishing the concrete systems. The author suggests that some special systems, such as the limitation of action, the exchange of information, collegial judgment, the direct transmitted execution and the special action charges and the limitation of judgment to make sure that the labor public interest action can undergo smoothly.