Study On The Mechanism Of Test Cases For Solving The Mass Labor Disputes

In recent years, the mass labor disputes have happened frequently in China.When a large number of mass labor disputes influx into the Court, the representativelawsuit system which is formulated by the new Code of Civil Procedure will show itsextremely limited effectiveness in the process of settlement. Thus, the traditional"lawsuits of both parties" model has been severely challenged. On the base of takingthe mass labor disputes as the research object, through the study of the presentjudicial situation of mass labor disputes, the operation of the existing judicial mode aswell as the resulting "Involution" problem of mass labor litigation, the judicial reformof the mass labor litigation oriented to the grassroots has been imminent and hasbecome what the modern judicial justice should be. By analyzing the related systemmechanism of “involution” and technically developing the traditional pattern of“lawsuit of both parties”, we hope to melt the tense lawsuit situation, and give bettersuggestions on the mechanism (which will possibly explains “involution”) of testcases for solving mass labor disputes.The supply shortage theory of institutional economics theory reveals the judicialproblem occur on the process of resolving the mass lawsuits. Based on the context of"involution", the judicial practice should set up a kind of contingency judicialstrategies to overcome the dilemma of insufficient supply caused by the single legalrules. Relying on the empirical research of the mass labor disputes cases which areput to trial by J city Basic Level court, depending on integrated considerations ofcauses and features of the mass labor disputes, and by analyzing the effectiveness ofthe current disputes solving mechanism, we can find out its problems and plights.What’s more, we can optimize the "grass-roots" test cases system with positivehandling effect during the practice. Based on the interaction between test cases andmass labor litigation, analying the feature and effectiveness of test cases, the testcases will probably be a preferred choice compared with the mass lawsuit system. Bythis way, we can creatively promote ‘standard’ test cases systems which can agreewith our national condition. At the same time, analyzing and learning from foreign mass labor litigation mode, we can explore the details of the operation of test casesand provide specific and operable solving mechanism of mass labor disputes forjudicial practice.