Labor Public Interest Litigation System Research

With the development of market economy and social transformation in China, the contradiction between labor and capital is becoming more and more complicated, and many disputes are group or collective cases, which have a wide range of people and a far-reaching influence. Group or collective cases often involve not only the rights and interests of the parties, but also the public interest in the field of labor, such as labor standard rights and so on. Therefore, ordinary civil litigation with the function of protecting private interest has some limitations. The protection of labor public interest is very important to social justice. Labor public interest is belong to one of the social and public interests. Public interest litigation provides a better model for the protection of labor public interest. Public interest litigation can make up for the lack of public authority's ability, support the obligee and maintain the public interest, and has the legitimacy and rationality. Therefore, it has great significance to make research on the function and mechanism of the labor public interest litigation system. This article uses synthetically the law research methods such as the case analysis method, the comparative analysis method, the standard analysis method and so on.This paper is divided into five parts. The first part is the introduction. It introduces the research purpose and research status. It probes into the background and deep formation to establish labor public interest litigation system. It includes the research significance, research methods and innovation points of this paper.The second part: summary. The first is the general theory of public interest litigation, including the historical origin, concept and types, etc. Secondly, it use the "general to special" research methods to define the concept of "labor public interest litigation" by combining theory of labor law with the basic theory of public interest litigation. Finally, the main findings of this part: labor public interest litigation has a special position and unique features in the litigation system.The third part: the comparison of foreign law. It mainly uses the method of comparative analysis to introduce the public interest litigation of the representative countries such as German, the United States, India and so on. It summarizes the common and specificity of public interest litigation. And then it provides reference for the construction of China's labor public interest litigation system combined with the reality of our country.The fourth part: the construction of labor public interest litigation. It focus on the study on the special of labor public interest litigation as a new type of litigation. The main content is the concrete structure of the labor public interest litigation, including the subject of litigation, actio, the scope of accepting cases, the distribution of the burden of proof and so on. It provide some thinkings for the construction of labor public interest litigation system in China.The fifth part: the institutional guarantee of labor public interest litigation. As a new litigation system, labor public interest litigation has much more complexity and profession than ordinary civil litigation system. Because of this point, this part make a comparative analysis with ordinary civil litigation system on stitutional guarantee. And it puts forward the view: it is necessary to provide institutional guarantee for the labor public interest litigation in four aspects, such as the cost of litigation, professional personnel, efficiency, and punitive damages system.The study finds: labor public interest litigation is belong to the civil public interest litigation in the nature. The object of the protection of labor public interest is not the interests of the majority of workers and their family members. The labor public interest litigation system makes up for the defects of the labor supervision system objectively, which reflects the dual attributes of the labor standards, and increases the litigation of the relevant cases. Labor public interest litigation can protect the rights of workers, promote trade unions to perform their duties, increase the judicial activism of the judicial organs, and promote the use of rule of law in labor relations. As a new kind of litigation, it is different from the traditional civil procedure in these aspects such as subject of litigation, the scope of litigation, the burden of proof and so on.