论文部分内容阅读
法国社会虽无“好诉”之誉,但其民事诉讼体系依然尽力保证公民能自由地向法院寻求救济。关于劳动合同的诉讼尤其如此。然而,为保证司法的权威与效率,起着限制诉权作用的规则也不可或缺,如一般民事诉讼中的既判力和劳动法上的特殊规定——单一诉讼原则。在过去,法国最高法院的判决意见一方面限制既判力的范围,另一方面严格适用单一诉讼原则。结果前者导致了过多的重复诉讼,后者导致了对实体权利的忽视。近年来,两条规则在寻求诉权保障和司法效率平衡的过程中相互接近。因此,一种在保证买体权利的前提下集中诉讼的司法模式正在逐步形成。
Although French society does not have the reputation of being a “good lawyer,” its civil litigation system still tries its best to ensure that citizens are free to seek relief from the courts. This is especially true of labor contracts. However, in order to ensure the authority and efficiency of the judiciary, the rules that play the role of restricting the right of action are also indispensable, such as the res judicata in general civil lawsuits and the special provisions in labor law - the principle of single lawsuit. In the past, the judgment of the Supreme Court of France limited the scope of res judicata on the one hand and strictly applied the principle of single lawsuit on the other. As a result, the former led to excessive repetitive litigation, which led to neglect of substantive rights. In recent years, the two rules have been approaching each other in the process of seeking a balance between rights protection and judicial efficiency. Therefore, a judicial mode of centralized litigation under the precondition of guaranteeing the right of buying is gradually taking shape.