Study Of Labor Public Interest Litigation System In China

Labor public interest litigation as a kind of public interest action, which is the systemof public interest action used in the field of protection of labor rights. Currently, becauseof serious deficiencies in the labor public interest legislation，many employers ignore theinterests of workers, there are many events that lied in our country. For example, manyemployers are against equal employment rights, and don’t supply the facilities andenvironment that conform to the standards of the national, and the events that theemployers violate the maximum employment standard and no paid the wages owed toworkers on time. But the weak community workers are unable to protect their legal rights.Therefore, the labor public interest litigation will be established in our country, it is notonly to protect the workers’ legitimate rights and interests and public interests, but alsomake up the deficiencies of our traditional procedural law in the settlement of labordisputes and protect labor public interest, and it will enhance the plasticity of the law tomake the substantive rights truly realized.In this paper, the author compared the system of labor public interest litigation in thecountries of the Anglo-American law system and the continental law system, and analyzeda lot of literature, and the current situation and judicial practice of this system in ourcountry. Based on this, author analyzed the concept of labor public interest litigation,discussed its basic characteristics, and compared the private interest litigation and grouplitigation, and then summarized the special role of labor public interest litigation,discussed its theory basis. Then, author pointed out the necessity and feasibility ofestablishment of this system. In addition, author explained the scope of its plaintiffs, thescope of accepting actions, and the security system and so on. In the public interestlitigation, author pointed out achieve the diversification of plaintiff. The trade union andprocurator department should be empowered to exercise the right of litigation. The authorclearly defined the scope of accepting actions, this system should included the action thatviolated the right of employment, the behavior that violated the minimum standards inlabor law, and the behavior of no paid the wages owed to workers on time. This paperfocused on discussing the security mechanism of the labor public interest litigation.Finally, author will point out development direction of environmental public interestlitigation in the future. Particularly, there put forward the view that intermediate people’scourt trialed the public interest litigation cases. Secondly, the author suggested that some special systems, such as the mechanism of prevent the plaintiff to abuse the right to appeal,the mechanism of the burden of proof allocation. In the litigation incentive system, authorthought that should design the system to shift the cost of litigation and the third partyreward system, as well as the assistance of counsel system. And author thought thatestablishment of the security system ensure the implementation of the decision. Inconclusion, the labor public interest litigation will benefit the protection of labor rights inour country.