工会的行政诉讼原告资格研究

On Trade Union's Qualification of Plaintiff of Administrative Lawsuit

我国工会虽然具有多种维权手段,但这些手段在实践中已经暴露出明显的软弱性。开辟新的、强有力的、法治化的维权方式,将是完善我国工会法的必然选择。行政诉讼领域内的原告资格从“利害关系人诉讼”向“民众诉讼”发展的趋势为工会维权提供了新的可能。工会可以在特定的情况下以行政诉讼原告资格的身份启动行政诉讼程序,来维护自身乃至职工的合法权益。借助行政诉讼这种法治化的维权方式,可以强有力地改变工会维权的现状。

The trade unions of China have many means of protecting labor fights. However, these means have been shown weak evidently. To sot up new, strong and legal mode of protecting labor rights will be a necessary choice of improving trade union law of China. The qualification of plaintiff in the field of administrative lawsuit is changing from ‘claimed by people have common interests’ to ‘ claimed by common people ’ and it provides a new possibility to trade union to protect labor rights. Trade union can start - up the administrative lawsuit proceedings as the plaintiff under specific conditions so as to protect trade union itself and workers ＇ rights. By this legal mode of protecting labor rights, trade union can change the current situations of its protection function.