Research On The Public Interest Litigation System Of Labor Procuratorat

Procuratorial labor public interest litigation,that is,procuratorial public interest litigation in the field of labor,is an effective way to strengthen the protection of the legitimate rights and interests of labor groups.Although this system has not yet been formally established in legislation,in practice it has become one of the important directions for exploration in new fields of procuratorial public interest litigation in our country.In order to help the effective implementation of procuratorial public interest litigation in the field of labor,it is necessary to discuss the legitimacy of procuratorial labor public interest litigation,and to seek solutions to the difficulties faced by the people’s procuratorates in carrying out public interest litigation practice in the labor field in combination with the current practice.The clarification of the legitimacy of procuratorial labor public interest litigation is the premise for the orderly development of relevant practices.To this end,we must first analyze the connotation of public interest in the field of labor.Labor public interest aim to the protection of social vulnerable groups.The basic rights and interests of laborers are the sources of public interest attributes.The group transformation of social labor relations in our country and the transformation of the public labor concept to "decent work" make the public interests borne by the protection of labor rights and interests more and more important.Under the circumstance that Labor public interest violations are frequent and the current protection mechanism for the basic rights and interests of labor groups is flawed,It is necessary to strengthen the procuratorial supervision of public interests protection in the labor field to defend the authority of the Constitution and laws,realize national governance and protect people’s livelihood.Carrying out procuratorial public interest litigation in the labor field has both theoretical and legal basis,and is also in line with our country’s policy orientation on the protection of labor rights and the development of the procuratorial public interest litigation system.Our country’s procuratorial public interest litigation system has a relatively complete normative system,which provides institutional guarantees for people’s procuratorates to carry out public interest litigation in the labor field.The procuratorial public interest litigation system in specific fields generally follows the legislative rule from "external exploration" to the final "slip law authorization".Procuratorial public interest litigation in the labor field is in the stage of exploration in a new field before the establishment of legislation.The existing practice shows that the development of procuratorial labor public interest litigation and the realization of institutional functions are faced with two main difficulties.On the one hand,the people’s procuratorates do not have a clear grasp of the scope of public interest cases in the labor field,which makes the development of public interest litigation activities tend to be conservative.On the other hand,the general system and rules of procuratorial public interest litigation are more principled,and it is difficult to meet all the needs of procuratorial public interest litigation practice in the labor field.Therefore,the procedural mechanism of procuratorial labor public interest litigation also needs to be improved.The people’s procuratorates are confused about which cases fall within the scope of public interest litigation prosecution,which is the core issue that hinders the development of procuratorial public interest litigation in the labor field.The opinion of this paper is that there are two different types of problems in the determination of the scope of procuratorial public interest litigation cases.First,the determination of the scope of labor public interest cases,the core of which is the identification of labor public interest.The scope of the objects involved in Labor public interest cases should be "unspecified majority of laborers",and the connotation of laborers should be grasped from the perspective of laborer essentialism,meanwhile take the ‘unspecified or majority’ standard to judge the publicity of infringement.As for judging the scope of the rights and interests involved,the public interest attribute of labor rights and interests should be the core element.Labor public interest litigation protects the basic rights and interests of labor groups,and its rights and interests are highly consistent with labor standards.Second,the determination of the scope of Labor public interest cases that the people’s procuratorates can intervene in.People’s procuratorates have a relatively active and modest position in labor administrative public interest litigation and civil public interest litigation,respectively.Public interest litigation and procuratorial interventions should be prudent.Violation of labor standards,the existence of public interest damage and the absence of labor lawsuits can be considered as conditions for the people’s procuratorates to intervene in labor public welfare protection.At the same time,the people’s procuratorates can introduce the principle of decent work as a reference for the procuratorate to weigh its interests.In view of the relative concealment of public interest infringement in the labor field and the dependence of workers on the employer,it is particularly difficult to obtain clues to cases in this field;and there is a special need to regulate the repeated infringement of labor public interest by employers in the labor field.In order to better realize the institutional efficiency of procuratorial labor public interest litigation,it is necessary to optimize the procedural mechanism of procuratorial public interest litigation in this field.First of all,we should combine the normative analysis and effect analysis of the sources of clues in procuratorial public interest litigation cases to optimize the mechanism of sources of clues for public interest damage in the labor field.In addition,from the perspective of teleology,the functions and methods of implementing the power of investigation and verification of the people’s procuratorates at different stages are divided,and the clue evaluation mechanism before filing a case is optimized.Secondly,in view of the special pattern of non-labor authorities carrying out public interest infringement,we can try to expand the scope of application of public interest litigation procuratorial proposals in the field of labor.Urge or support relevant organizations or employees to institute lawsuits by way of direct inquiry,and institute public interest litigation as public interest litigants when there is no litigation instituted by employees or relevant organizations and there is the objective circumstance that public interest labor is damaged.Finally,the realization of the effectiveness of the procuratorial labor public interest litigation is inseparable from the improvement of the follow-up supervision mechanism.Combined with the practical experience of followup and supervision of public interest litigation in the people’s procuratorates,explore the establishment of a multi-party joint mechanism and a conditional case information disclosure mechanism to promote the institutional effectiveness of procuratorial labor public interest litigation.