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Proof Burden Distribution To The Labor Disputes

Posted on:2012-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X X XieFull Text:PDF
Abstract/Summary:PDF Full Text Request
As China's economic and social development, large quantities of labor dispute cases emerging, the labor dispute is increasingly becoming the important factors affecting social harmony. In labor dispute lawsuit, the allocation of the burden of the hearing of the case plays an important role. But the existing labor dispute the burden distribution rules are defective, not only wrong civil dispute proof rules as a labor dispute proof rule is the general principle of applicable, difficult to adapt to the special properties of the labor dispute, and in its scope of special rules, regulations, hard too narrow adapt to the needs of society.Based on in-depth analysis of the labor dispute proof rule theory background, think labor dispute is different from characteristics of civil controversy, the labor disputes among subjects with membership sex, both sides has inherent strength the disparity, therefore resolve the dispute rules of law belongs to the sociallaw cases.the, need to its burden system of equal subjects of the relationship between different civil proof responsibility principle of labor dispute proof rule. In order to better constructing China's labor dispute proof rule, the paper deeply analyzes the Labour dispute lawsuit the allocation of the burden of legislative situation, propose due to labor dispute between the parties hereto, labor relations in the different stages of the litigation game in different position, according to its position division of labor dispute proof responsibility in balancing the interests of both sides action has important significance to achieving procedural justice. Therefore this paper on the basis of labor dispute is the basis of the occurrence of the time period for standard of different types of labor dispute parties in different proof responsibility intelligently. In addition, the labor dispute for constructing perfect proof responsibility, the author also think shall apply in specific cases in bold presumption system and achieving general justice and individual justice unity.
Keywords/Search Tags:The burden of proof, Labor disputes, The allocation of the burden of proof
PDF Full Text Request
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