我国人民法院应当设立劳动法庭

Prospect to Establish Labor Courts in People's Court of China

劳动争议案件具有不同于民商事案件的特点,无论从审判理念、审判模式、法律适用、审理效果等方面分析,由民事法庭审理劳动案件具有多方面不妥。我国劳动争议数量巨大,司法审判任务重。可以参照德国、以色列等国劳动法院的经验,在中国的人民法院设立专门的劳动法庭,待条件成熟后设立作为特别法院的劳动法院,专司劳动案件审判。劳动法庭宜聘请雇主、工会相关人士与法官共同组成合议庭,更专业地审理劳动案件。

Labor cases are different from civil cases or commercial cases. There might be unsuitable for labor cases to be judged by civil judges under civil idea and civil model of jurisprudence in Civil Courts. People＇s Courts of China have been facing with so hard task for that there are so many labor cases which have been growing up quickly. It is successfully that experience that independent courts of labor as a part of national system of justice play an important role in German and France seem to make an example. It could be better if Labor Courts will be permitted to be operated for labor cases only and Judges with proper representatives from employee＇s organizations and Trade Union hold the labor cases.