Study On The Labor Standard Public Interest Litigation System In Our Country

Labor Standard is the employee’s minimum working conditions and minimum labor treatment which the employer must give.It protects the most fundamental rights of workers.The aspects of the subject,purpose and content of the labor standard all reflect the public welfare of its own,it is maintains the public interest of this large group of workers.However,in our country,the action of violating the Labor Standard has become been common,unfortunately,the current system of the settlement of labor dispute,whether it is the negotiation,the labor supervision and labor arbitration or civil litigation,have appeared to be inadequate,it can not be conducive to solve the labor standard disputes timely,efficiently and completely. The public interest of groups of workers can not be effectively maintained,the basis survival and development right is facing with serious threats,also it is not be conducive to the stability and harmony of social order.In view of this,the author attempts to let the public interest litigation into the judicial procedure of labor standard disputes,and demonstrating the necessity and feasibility of establishing labor standard public interest litigation system in China from the two aspects of theoretical analysis and practice.And on this basis,I put forward the concrete measures for constructing the system of labor standard public interest litigation in our country,in order to to effectively protect the rights of workers ’labor standard,safeguard the public interests.Apart from the conclusion,the paper is divided into five parts:The first part:Using the death of a Master of prestigious school in the hotel from overwork as the breakthrough point,emphasizing that,more and more people use the phenomenon of costing their health or even life to overtime shows that the implementation of labor standard is unsatisfied in our country.After that,I introduce the the concept of labor standard and labor public interest,and illustrate the legal characteristics and public welfare of the labor standard briefly.And I put forward the idea of building labor standard public interest litigation in our country formally.The second part:I expound the necessity of the building of labor standard public interest litigation from two aspects.Firstly, I analyze the shortage of consultation,labor supervision and labor arbitration,and then highlight that labor standard public interest litigation can avoid the lack of protection.Secondly,it can effectively make up for the defects of protection of civil litigation,including that it can balance the litigant parties,get rid of the limit of “directly interested party”and lower cost etc.Thirdly,it could effectively maintain social fairness and justice from the significance of the construction of labor standard public interest litigation.The third and fourth part:The two parts demonstrate the feasibility of establishing the labor standard public interest litigation system in China.The third part is looking for the theoretical support from the public interest of the labor standard,the theory of litigation continues to make breakthroughs, further development of interest of litigation and the evolution of the theory of litigation trust.The fourth part, the legislation and judicial practice at home and abroad provide reference for the building of labor standard public interest litigation in our country.The fifth part:I put forward the concrete measures for constructing the labor standard public interest litigation system. Labor standard public interest litigation is a litigation system in solving for the labor standard disputes,and also it is a public interest litigation in common,but it has its own particularity.I put forward my own proposal from the main of starting,the scope of the case,burden of proof,incentive system and set out.