The Study On The Labor Public Interest Litigation System In China

Labor rights as a fundamental right of citizens,is a necessary condition to obtain the right to life, embodies ideals of the survival, development, liberty and democracy. As a typical social rights, Labor rights has been confirmed by the countries of the Constitution, and shall be protected by a three-dimensional comprehensive legal safeguards legislative, executive, and judicial.In a variety of legal protection mechanisms, judicial protection of the rights,as the last barrier on the protection of labor rights,plays a pivotal role. Safeguard proceedings is the cornerstone of the labor dispute to get a fair verdict. However, traditional litigation in today’s society are often private interest litigation, certain organizations or citizens in order to participate in the public interest litigation program, which has the right to appeal the inevitable requirement of public interest litigation. Without protection of the right to appeal of labor rights, can only stay on the paper, and goes against the spirit of the rule of law and social reality. Therefore, based on the experience of other countries and regions,and combined with China’s actual situation, the introduction of labor public interest litigation system, given a certain organization or individual citizens to the public right of appeal, to break the bottleneck of China’s legal system safeguard the legitimate rights and interests of workers, is not only the inevitable requirement of social development but also the inevitable trend of the development of public interest litigation.The establishment of the labor commonweal litigation system is conducive to the protection of workers, and promote the improvement of the socialist legal system. In this study, theoretical and practical discussion and research on labor issues related to public interest litigation has been systematically expounded, to benefit the establishment and development of China’s labor Public Litigation in our country.