劳动基准与劳动公益诉讼

The Labor Standard and the Public Interest Litigation

我国目前的诉讼理念和制度在调适与处理劳动基准争议方面存在不足,不利于正确、合理、彻底地解决劳动基准争议问题。劳动公益诉讼是解决劳动基准争议最有效的司法途径。

Labor standard, which has universal effects and has something to do with the public interests, reflects the collective interest of the majority. It not only embodies the individual interest, but also manifests the public interests of the majority. Nowadays, there axe many defects in our present litigation theory and system when used to deal with the cases of labor standard, which is harmful to completely solve the disputes of labor standard. How to reform the present legal system to meet the need of trailing the case of labor standard？ This is a question of theory and practice that needs to be answered eagerly. The author holds the view that the labor public litigation is the best legal way to solve this kind of problem.