On Evidential Burden Distribution Of Labor Disputes Litigation

The labor relations are different from general civil relations,which determines the evidential burden distribution of labor disputes litigation should not be the same as it in civil action. However, our country does not have special and systematic legislation about the evidential burden distribution in labor disputes litigation. And in civil judicial practice, it is based mainly on the provisions of evidential burden distribution of Civil Procedure Law. Law on Mediation and Arbitration of Labor Disputes has made special provisions, and in the current context of litigious arbitration,it may also be applicable, but arbitration and proceeding are two different stages for dealing with labor disputes,so it is essential to draft provisions of evidential burden distribution for the proceeding stage to handle labor disputes.This paper adopted the method of empirical study and comparative analysis, and by studying relative theory of evidential burden distribution, it proposes a idea of constructing new rules of evidential burden distribution in labor disputes litigation; And though analyzing the drawbacks of legislation of evidential burden distribution in labor disputes litigation, with the proposed rules of distribution, this paper put forwards some advice to complete legislation of evidential burden distribution in labor disputes litigation; Finally, according to the rules of distribution mentioned above, the paper has studied the problems about evidential burden distribution of several typical labor disputes cases.