The Study Of The Labor Public Interest Litigation System

Labor relationship is the most basic social relationship.Whether the labor relationship is harmonious is related to the stability of the entire society.China's labor relations have undergone a transition from a planned economy to a market economy.Since the promulgation of the "Labor Law of the People's Republic of China" in 1994,the labor law has gradually established the basic principles of preferential protection of workers.In the context of protecting human rights and building a harmonious society,labor law is particularly important in maintaining social order and promoting social development.The labor law has the nature of a social law,which is the legislation to maintain the survival of the socially and economically weaker stratum and improve the overall welfare of the society.The implementation of the Labor Law requires the efforts of individual workers,the participation of employers,and social groups,but the workers and employers have always been in an unequal relationship,such as employment discrimination,overwork,death of migrant workers 'wages,and difficulty in taking vacations.It is still outstanding.Group labor disputes are gradually increasing,and the rights and interests of workers are not optimistic.As a socially disadvantaged group,laborers' asymmetry in strength with employers usually increases laborers' rights protection costs and litigation risks.In the case of imperfect labor dispute resolution mechanisms in China,laborers' road to defending rights is difficult.As a positive right,labor rights require the state to help the socially weak,and can establish a labor public interest litigation system.The law authorizes the subject to provide legal and effective relief to the workers when they are harmed,and helps workers maintain their rights and interests.Labor public interest litigation is a system that uses legal means to protect public interests.It is an extension of the modern public interest litigation system in the field of labor law.It is committed to awakening the people's awareness of rights,safeguarding the workers 'basic rights and interests,and fully mobilizing the people to participate in social management,The enthusiasm for supervising illegal acts has ensured that the rights and interests of workers are more comprehensively protected.This article mainly discusses the construction of labor public interest litigation system through four parts:Part ?:Introduce the background and significance of the topic selection of the labor public interest litigation system.Part ?:Discuss the connotation of labor public welfare and labor public welfare litigation system,introduce the legal basis of labor public welfare litigation system(human rights protection,welfare state and proximity justice theory,people's democracy and power balance principle,public welfare litigation right,procedural proportionality principle)Explain the theoretical basis for constructing a labor public interest litigation system.Part ?:Tells about the reality of insufficient protection of labor public welfare due to specific defects in China's labor dispute resolution mechanism and workers weak rights,and then conducts a necessary analysis of the establishment of labor public welfare litigation system,and advocates building on the experience of domestic and foreign public welfare litigation systems The labor public interest litigation system analyzes the feasibility of constructing labor public interest litigation under the premise of combining foreign experience with China's national conditions.Part ?:Mainly think about the design of the procedural system of labor public interest litigation:(1)individuals,trade unions,other social organizations,and procuratorates all have the qualification of plaintiff to prosecute,and design the order of each prosecution subject;(2)the acceptance of labor public interest litigation The scope is mainly cases of violation of minimum labor protection standards and cases involving equal employment rights;after considering the particularity of labor disputes,the author proposes pre-litigation procedures,exclusion of pre-arbitration procedures,burden of proof,punitive compensation And the specific system design of the litigation reward system,with a view to providing suggestions for system construction.