On The System Of China Labor Standard Public Interest Litigation

The labor standard system is the lowest standard about working conditions and labor rights prescribed by law, which is for the purpose of protecting the basic rights of laborers and their families to survive and develop and the fundamental interests of the laborer group. However, in our country, more and more disputes is arising due to violations of the labor standards, which unfortunately couldn't resolved by the existing legal theories and legal system. So the pubic interests of laborer group, as an important component of public interests, could not get effective judicial protection. The rights for survival and development of laborers are in great danger, which would seriously affect the social stability and social harmony. In view of this, the author attempts to introduce public interest litigation into labor standard disputes judicial procedures, and demonstrate the feasibility and necessity of public interest litigation for labor standard disputes from a theoretical and practical aspects, then propose some concrete ideas of labor standard public interest litigation in order to deal with the current judicial practice of China's plight.This article is divided into three parts, a total of more than 35,000 words.The first part demonstrates the legal basis of public interest litigation system for the labor standard disputes in order to find enough supportive theories in Jurisprudence. First of all, after presenting the labor standards, public interest litigation, labor standard disputes and other basic concepts, labor standards disputes can be resolved by public interest litigation due to their own public nature. Secondly, legal theories are referred to be foundation of labor standard public interest litigation system, including the litigation legal theory. Finally, this part demonstrates the challenges of the litigation legal theory which are raised by the construction of public interest litigation system, and then puts forward my own opinion.The second part refers to the realistic basis of labor standard public interest litigation system in order to explain the necessity and feasibility in reality. The existing judicial system can't work effectively with the labor standard disputes, specifically including low power, high costs and deficiency of the efficiency; In addition, the disparity of realistic power between laborers and employers is also the necessity of the labor standard public interest litigation system. In terms of feasibility, enhanced social awareness of the public interest, building up of the current judicial team, the judicial practice of public interest litigation in domestic and foreign well-developed public interest litigation system are provided as realistic support of public interest litigation for labor standard disputes.The last part discusses several concrete ideas of building public interest litigation system for labor standard disputes. As public interest litigation in nature, the labor standards public interest litigation is exactly the public interest litigation which is adopted to resolve labor standard disputes, so it has roughly the same proceedings with public interest litigation. Of course, due to the specificity of the labor standard disputes, labor standard public interest litigation still has something different from general public interest litigation, such as the one who start the litigation, the scope of the case, which correspond labor standard public interest litigation with general civil litigation. Specific to system of the proceedings, it revokes pre-arbitration procedure from labor standard public interest litigation, re-defines differential jurisdiction, apply the combination of collegiate system and professional judges, establishes incentives plans to an wairen and the system of transferring execution directly.