论劳动诉讼相对独立于民事诉讼的理论基础——基于实体法的视角

On the Substantive Law Basis of the Relatively Independent Labor Lawsuit

《劳动法》作为一个独立的法律部门已得到立法和司法实践的认同,但却没有与之相适应的劳动诉讼制度。同时,在司法实践中,民事诉讼不适应劳动诉讼已充分暴露,最高人民法院颁布的大量劳动诉讼司法解释便是例证。无论是从《劳动法》和《民法》的差异,还是民事纠纷和劳动争议的差异,劳动诉讼的相对独立于民事诉讼都是必然选择。

Labor law as an independent law department has been recognized by the legislative and judicial practice, but there is no corresponding labor lawsuit system. At the same time, in the judicial practice, Civil litigation not adapting to the labor lawsuit has been fully exposed. So the Supreme Court has been issuing a large number of Judicial interpretations on labor litigation. Whether from differences bewteen the labor law and the civil law, or civil disputes and labor dispute differences, the relatively independent labor lawsuit is an inevitable choice.