Research On Tort Liability Of Malicious Litigation In Labor Dispute

The number of labor dispute cases increasing year by year in our country,the use of unit of choose and employ persons labor dispute lawsuit procedure delaying action,workers take advantage of the allocation of burden of proof of malicious prosecution and"labor racketeer" phenomenon occurred frequently.The malevolent litigation of labor disputes not only violates the legitimate rights and interests of the relative,but also greatly wastes the limited and precious judicial resources,which is not conducive to the authority of China's judiciary.And the tort liability law in our country labor dispute malicious prosecution tort liability did not make clear rules,labor dispute malicious litigation legal disputes caused by infringement to solve the lack of legal basis,unable to effectively protect the lawful rights and interests of the victim.The paper mainly studies the tort liability of labor dispute in the following aspects:Firstly,the thesis starts from the concept and characteristic analysis of the labor dispute malicious lawsuit,and holds that the labor dispute malicious lawsuit refers to the party of labor dispute dispute,after the labor dispute arbitration,the labor dispute lawsuit is brought directly in the absence of factual basis or the justifiable reason,or the labor dispute lawsuit is brought up after Labor arbitration,Or in the process of labor dispute litigation abuse of litigation rights,by misleading the court referee,delaying the proceedings and other forms,to other people's legitimate interests caused damage to the action.The main body of malicious lawsuit of labor dispute has particularity,it occurs between laborer and employing unit.Moreover,the labor dispute malicious lawsuit behavior often can cause the relative person's legal benefit to damage,has the civil tort nature,when the labor dispute lawsuit opposite person because of the perpetrator's malicious lawsuit behavior suffers the damage,it may request the perpetrator to undertake the corresponding civil tort liability.In addition,the thesis distinguishes the tort of the labor dispute from the abuse of litigious right and the lawsuit fraud,so as to make the identification of the tort of the labor dispute malicious lawsuit.Secondly,the dissertation examines the tort liability system of malicious disputes in labor disputes in the United Kingdom,the United States,and France,and thus has an overall understanding of the status quo of the development of tort liability systems for malicious disputes in labor disputes in various countries.In addition,it draws lessons fromChina's useful legislative experience in the foreign tortious liability litigation system of labor disputes.For example,it uses the United Kingdom and France's legislative experience to identify malicious litigation in labor disputes as a type of civil tort,and is a malicious litigation for relative parties due to labor disputes.The damage suffered has provided relief,by increasing the cost of malicious litigation in labor disputes and curbing the occurrence of malicious litigation in labor disputes.Thirdly,the paper combines some cases in judicial practice and believes that the principle of fault liability should be regarded as the principle of liability for tort liability of labor disputes in China.Constitute infringement of labor dispute malicious prosecution in China also need to satisfy the requirements of general constitutive requirements of tort liability law,such as the actor has subjective offence,the implementation of the labor dispute the malicious lawsuit behavior,damage and causal relationship.In addition,detailed analysis is made on the subject of tort liability of labor dispute,the scope of compensation for infringement and liability for tort liability.Finally,put forward their malicious for the construction of our country labor dispute lawsuit tort liability system of some Suggestions,such as establishing the guiding principle of the balance protection of civil rights and litigation rights,clear labor dispute malicious prosecution tort liability legislation,etc.,so as to effectively curb labor dispute malicious prosecution phenomenon,effectively protect the legitimate rights and interests of the patentee.