Analysis Of Labor Public Interest Litigation System

China attaches great importance to the protection of workers' rights and interests,which is an indispensable part of building a harmonious labor relationship.At present,China mainly resolves labor disputes through settlement,mediation,arbitration,litigation,etc.,which together constitute a dispute resolution procedure system for labor disputes in China.This procedural system,especially the litigation process in it,fundamentally ensures the legal remedies for workers' rights.However,the current labor dispute litigation in China is only a private benefit litigation.When the employer implements the infringement of labor public welfare,the existing private interest litigation procedure cannot provide effective legal relief.Originally,there was an unequal aspect between the laborer and the employer.The employer was in an advantageous position in many aspects,which was very unfavorable for the laborer's rights protection.In the case of an employer infringing on labor public welfare,the lack of litigation procedures exposes the relief of laborers' rights and interests to insurmountable difficulties,which may lead to the intensification of contradictions between laborers and employers;In the case of protection of the program,if the worker chooses an extreme way to protect his or her rights,it will inevitably endanger the stability of the society.It can be seen that China's existing labor private interest litigation can no longer satisfy the comprehensive protection of laborers' rights and interests,and the era calls for labor public interest litigation.This is a requirement of social development and a trend of public interest litigation development.In view of this,this paper explores the establishment of a labor public interest litigation system to strengthen and deepen the protection of laborers' rights and interests,and thus maintain social harmony and stability.This paper is divided into five parts.The first part introduces the topics discussed in this paper from the research background and research significance.Then it introduces the domestic scholars' research status on the labor public interest litigation system,and then expounds the research ideas and research methods of this paper.Finally,clarify the focus and innovation of the research.The second part analyzes the concept and introduces the two concepts of labor public welfare and labor public interest litigation.The understanding of the concept helps to clarify the writing content of this article and provide a basis for the scope of labor public interest litigation.The third part mainly combines laborer's human rights protection theory,litigation trust theory and litigation interest theory as the theoretical basis of this paper.The fourth part analyzes the rationality of the establishment of the labor public interest litigation system,and analyzes the two dimensions of necessity and feasibility.The fifth part is about the conception of the labor public interest litigation system,that is,the preliminary construction of the labor public interest litigation system from the aspects of the subject of prosecution,the scope of the case,the relevant procedures and the guarantee mechanism.