权利的保障必须以切实有效的诉讼手段为依托。就劳动权而言,由于其本身具有注重实质平等、强调社会正义的特点,仅仅依靠传统的私益诉讼往往难以达到目的。近几十年来,许多国家和地区建立了新型的劳动权保障的公益诉讼制度,取得了很好的效果,成为现代劳动权保障的有效途径。本文从起诉资格、受案范围、举证责任分配以及诉讼费用负担四个方面提出了构建我国劳动权保障的公益诉讼制度的几点设想。 The protection of rights must be based on effective litigation. As far as the right to work is concerned, due to its own characteristics of emphasizing substantive equality and emphasizing social justice, relying solely on traditional private interest litigation is often difficult to achieve its goals. In recent decades, many countries and regions have established a new type of public interest litigation system with the guarantee of labor rights and have achieved good results and become an effective way to guarantee the modern labor rights. This article puts forward some tentative ideas on the construction of public interest litigation system in our country from four aspects: the qualification of prosecution, the scope of acceptance, the distribution of burden of proof and the burden of litigation costs.