劳动违法行为举发人行政诉讼原告资格探查 —— 基于保护规范理论的分析

行政审判实践中,新近以保护规范理论作为判断投诉举报人行政诉讼原告资格的重要标准,并有扩至一般性原告资格探求的趋向。劳动者、用人单位与行政机关处于三角关系,劳动者向行政机关投诉用人单位的违法行为,行政机关对用人单位做出行政处理。基于保护规范理论,相关劳动法律规范作为保护规范,或兼具保护劳动者利益的目的,或伴有倾斜劳动者利益的冲突解决方案,因而,作为投诉人的劳动者享有行政诉讼的原告资格,可就该行政处理提起行政诉讼。

A Probe into the Plaintiff’s Qualification in Administrative Litigation of the Informant of Illegal Labor Act——An Analysis Based on Protection Norm Theory

In the practice of administrative trial, the theory of protection norms has recently been taken as a key criterion for judging the plaintiff qualification in administrative litigation of complaint informants, and has a tendency to expand to the general plaintiff qualification. Workers, employers and administrative organs are in a triangular relationship. Workers complain to the administrative organs about the illegal acts of the employers, whilst the administrative organs deal with the employers administratively. Based on the theory of protection norms, the relevant labor laws and regulations serve as protection norms, either for the purpose of protecting the interests of workers or with a conflict resolution scheme that favors the interests of workers. As a result, workers who have made complainants are entitled to the plaintiff qualification in administrative proceedings and can bring an administrative lawsuit on the administrative proceedings.