Operate Proof Burden Distribution To The Cases Of The Labor Disputes In Our Country

The physical labor dispute means that the dispute emerges on privileges and obligations between the labor force and the employer through the process of carrying out their labor relations. The mechanism of dealing with the labor dispute was built by legal style formally since the issued for enforcement in 1994. But the article related to dealing with the labor disputes were only 9 strips among 100 strips, the proportion was not large. And at present, the specific procedure about dealing with the labor disputes was just the to base on, which was issued by the State Council.Now, as our country's enterprise' reformation carrying out deeply, the contradictions between the labor force and the employers are outstanding day after day, the amount is speeding up and the details of a case are changing heavier and more complicated, the rules of and have already revealed many places where are not completed. Especially when people have reached common recognitions to the unequal positions between the weak labor force and the powerfulemployers, how to use legal procedure to solve the outstanding problem in legal relieve process in order to make the fair principal of the law come true, and to protect the person concerned especially the weak group's lawful interests? At present, our country has succeed in entering the World Trade Organization (WTO), therefore our enterprises will face cruel market competitions in world scope, and amount of them must be eliminated through selection by the market ruthless when suiting the market rule about "survival of the fittest", and at the same time, the labor force's quality nature will raise uninterruptedly, so the dispute between the labor force and the employers will be more frequently. It has been an imminent problem in solving the unequal positions between both sides of the person concerned legally and protecting their lawful interests, especially in distributing proof burden correctly in the process of dealing with the labor disputes' cases.This article discusses the problem in four ways. First of all, proof burden and the theories of its distribution Proof burden origins of ancient Rome law, and there are several theories about its conception. The author thinks that proof burden should have two meanings, one is responsibility and the other is risk. A current proof rule used in each of the countries is that "who advocate, whoproof", it has been a common rule of proof burden distribution.But proof burden distribution is not the problem that needed to solve in procedures, as proof burden distribution in procedure law should go back to one accord to responsibility intention of the entity law, it should advance entity law's purpose come true. Besides in legal system, procedure justice has its distinctive value, it is an important safeguard of making the entity law justice come true, so proof burden distribution should embody procedure justice value standards:Second, operative proof burden distribution in the labor dispute cases in our countryIn our country, the labor dispute means the dispute what happens because of enjoying privileges and fulfilling obligations between the persons concerned in labor relations. The institution of dealing with labor dispute was built in 50ies in new China, and after 30 years' interruption, it has been recovered by developing reform liberation and democracy institution step by step. In 1994, the was published, it signed that the lawful system of dealing with labor dispute in our country was formed initial.Among the and rules, there are no clear-out rules about proof burden distribution in dealing with the labordispute. But through the basis of original law, dealing mechanism anc some articles, we can confirm that the common rule of proof burder distribution that "who advocate, who proof " is co...