On The Value Of Public Interest Litigation For The Protection Of Citizen's Labour Rights And Interests

Traced back to the Roman Empire,the public interest litigation,which boomed in the 20 st in the developed countries(America,Germany,Japan,etc.),has been a stable and effective litigation mechanism in many countries.Compared with them,the public interest litigation in China is in the ascendant.The study and use of public interest litigation is mainly about the protection of national assets,consumer interests,environment and antitrust areas.However,there is less researches focusing on the protection of the legitimate rights and interests of vulnerable labours.Based on the current situation of the protection of citizen's labour rights and interests and the development of economy and society in China,this paper puts forward an idea to perfect our litigation system of labour rights and interests by using the public interest litigation to safeguard citizen's labour rights and interests.This paper elaborates the nature of labor public interest,analyzes the disadvantages of the traditional private interest litigation when it protects the labour public interest,proposes a thought of establishing specific labor public interest litigation system that could be outlined under the guide of foreign and domestic judicial practice.The thesis is divided into five parts:The first part shows the powerlessness of private interest litigation to the protection of labor interests which related with the public interest by making a comparative analysis of two cases,then points out disadvantage existed in the traditional private litigation system,puts forward an argument that the public interest litigation should safeguard the citizen's labour rights and interests.The second part interprets what citizen's labour rights and interests are.From micro and macro scope,this part analyzes labour private interest and labour public interest and explains the inseparable relationship of each other.The third part shows the existed problems on the protection of citizen's labour rights and interests in our country by enumerating some reality cases and datas,then makes a deep analysis on the cause of these problems,and suggests introducing public interest litigation to protect citizen's labour rights and interests.The fourth part is concerned with the establishment of labor interest litigation system in our country.This part discusses the concept of labor public interest litigation,distinguishes the labor public interest litigation,the representative litigation and the group litigation,then makes a feasibility study of constructing the labor public interest litigation.The fifth part constructs our labour public interest litigation in details by absorbing advanced foreign experience and considering the concrete national conditions in China.It sets forth minutely the Plaintiff's qualification,scope of accepting cases,special system and so on.