Application Of The Principle Of Good Faith In Judicial Judgment Of Labor Dispute Cases

In recent years,the number of referral labor dispute cases directly applied by the Chinese courts to the principle of good faith has increased,which has also caused controversy.In particular,"Beijing Alibaba Cloud Computing Technology Co.,Ltd.and Ding Yusheng’s Labor Dispute Retrial Case",the Beijing Higher People’s Court based on the principle of honesty and credit as the basis for the referee,overturned the judgment of the first and second instance,causing controversy in the theoretical and practical circles.This paper examines the application of the principle of good faith in the judicial judgment of labor dispute cases from 2008 to 2018,analyzes the applicable types,and reviews the application of the principle of good faith in judicial judgments.On this basis,it directly applies to the judicial judgment of labor dispute cases.The method of honesty and credit principle proposes thinking.The introduction part of this paper mainly introduces the origin,research status,research value,research ideas and research methods of this paper.The first part is the application of the principle of good faith in judicial judgment of labor dispute cases.In the "No Litigation" database,the labor dispute cases that were judged by the principle of good faith from January 1,2008 to December 31,2018 were retrieved.Judging from the situation of case sorting,the application rate of the principle of good faith in the judicial judgment of labor dispute cases is gradually increasing.Between 2008 and 2012,the principle of good faith was applied at a lower rate.Between 2013 and 2018,the application rate of the principle of good faith increased sharply,with the largest increase in the number of applications in 2014 and the peak in 2015.From the perspective of the trial procedure,the gap between the first and second trials is not large.From a spatial perspective,economically developed regions such as Beijing and Guangdong provinces are relatively large,or those with manufacturing as a pillar industry,such as Jiangsu Province,Sichuan Province,Hunan Province,and Zhejiang Province,are also suitable.The second part is the application of the principle of good faith in the judicial judgment of labor dispute cases.Judging from the cases of judicial judgments in labor dispute cases,the judges apply the principles of honesty and credit:clear legal rules,ambiguous legal rules,lack of legal rules,and legal norms themselves are the four principles of good faith.Different functions apply to the principle of honesty and credit.When the legal rules are clear,they mainly play the role of guidance and evaluation;when the legal rules are vague,they mainly guide the parties to exercise their rights and fulfill their obligations;when the legal rules are missing,the application of the principle of good faith helps to make up for legal loopholes;when the legal norms are the principle of good faith,they mainly play Explain,evaluate and supplement the role of the parties’ legal actions.The third part is the review of the application of the principle of good faith in judicial decisions in labor dispute cases.Judging from the case of judicial referee,there are many problems in the court’s application of the principle of good faith.If the timing is not accurate,that is,when the legal rules are clear,the referee of the principle of good faith will be applied again.Under normal circumstances,the principle of good faith cannot be used to play a substantial role.In the case of ambiguous or missing legal rules,the application of legal principles is necessary,but in the absence of legal rules,there are often uncertainties in the existing judicial decisions.In addition,the refereeing principle of applying the principle of good faith in the judicial judgment of labor dispute cases is often insufficient.The judge simply evaluates the behavior of the parties by means of the principle of good faith,making the argumentation part of the judgment document slightly empty.The fourth part is the thinking about the application of the principle of good faith in the judicial judgment of labor dispute cases.The principle of good faith also has problems in different applicable situations.The principle of good faith has limited meaning when the legal rules are clear.When the legal rules are vague or missing,the application of volatility is uncertain.When the legal norms are only the principle of good faith,it is often used to make sense.In response to these problems,this paper believes that the principle of good faith should be applied in the judicial judgment of labor dispute cases.First,the procedures must be strictly applied,and the labor law rules should be exhausted.Secondly,it is necessary to clarify the concept of the referee,follow the legislative purpose of the labor law,clarify the rights and obligations of both parties,and protect the interests of workers.Finally,on the basis of clarifying the concept of the principle of good faith in the field of labor law,the application of the principle of honesty and credit is optimized,and the application of supplement,restriction and interpretation functions is applied.