The Study On The Burden Of Proof Of Labor Dispute Lawsuit

With China's market economy development, labor dispute cases showed an increasing trend year by year. In the labor dispute lawsuit, the allocation of the burden of proof plays a vital role on the trial of the case. The existing rules on the allocation of labor disputes lawsuit, there are many inadequacies, are not able to meet real needs. Therefore, the main purpose of this article is that put forward some sound recommendations about the allocation of the burden of proof in the labor dispute lawsuit.Labor disputes lawsuit has its own specificity, allowing the trial of labor dispute cases is different from civil and administrative cases. There is no specific labor disputes procedural law in China, the allocation of the burden of proof in the labor dispute lawsuit is not clearly defined. Based on an in-depth analysis of the allocation of the burden of proof, taking into account the burden of proof relevant provisions in the foreign labor disputes, this article suggests some specific proposals of the allocation of the burden of proof in the labor disputes.First, using the nature of the burden of proof can be divided , the labor dispute cases are divided into different categories, while the allocation of the burden of proof apply different standards .Second, drawing on the burden of proof of discrimination cases of US, utilizes the estimated rule in the allocation of the burden of proof in labor dispute lawsuit. In the allocation of the burden of proof should be considered the control ability to the area of dangerous, prove close and the possibility of prove and other factors. In addition, workers have difficult problem of proof in the labor dispute lawsuit, so, put forward some reasonable suggestions.To conclude, it is a starting point of this article through restructuring the allocation of the burden of proof in the labor dispute lawsuit so as to advance the realization of the right to appeal of the parties in the labor dispute and achieve the purpose of safeguarding legitimate rights and interests of laborers.