On The Construction Of China's Labor Rights Protection And Public Interest Litigation System

The protection of Labor Rights has been paid increasingly more attention to with the development of the society and the improvement of citizens' consciousness. Among discussions on the protection of the Labor Rights, Public Interest Litigation is a relatively useful one. This dissertation is just focused on the establishment of Public Interest Litigation system in the protection of Labor Rights and it is composed of four parts.The first part is that we should establish a kind of litigation system in the protection of Labor Rights. There are two sections in it. The first section leads to the Public Interest Litigation system to protect Labor Rights by introducing the cases in American and China's Courts. These two cases both resulted from labor rights violation, but with total different ends, which are because of the difference between two countries. Facing a lot of labor rights violation cases, the author holds that we should learn from the Public Interest Litigation system and establish this system to protect Labor Rights in China.In the second section, the meaning of Public Interest Litigation system to protect Labor Rights is discussed by a definition of Public Interests.The second part discusses the difficulties we will face if we plan to formulate Public Interest Litigation system to protect Labor Rights. And the conditions needed to establish and perfect Public Interest Litigation system to protect Labor Rights are also discussed through an introduction of the experiences of the foreign countries. The first section analyzes the three obstacles to establishing Public Interest Litigation system, they are, lack of legislation basis, faults of current system and misunderstanding of opinions. The second section is about the experiences we can learn from the Common Law and Civil Law countries.Now that we should establish Public Interest Litigation, there should be fitful basis, so the third section is about the basis to establish such kind of system. The author discusses the necessity from three aspects, which are the support of Vulnerable Group Thoery, the internal requirements of positive rights and the Thoery of division of interest subject and rights subject. The fourth part is a tentative plan of the formulation of Public Interest Litigation system to protect Labor Rights. First the scope and conditions of this system is discussed. Second the three models of this system, litigation brought by prosecutor, incorporation and individual, are discussed. Then the author discusses assumption of the burden of proof and legal cost in litigation. And the last section is about the torts responsibility when someone abuses the right to bring Public Interest Litigation.