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Our Country Labor Dispute Lawsuit Proof Responsibility Distribution Problem

Posted on:2013-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:J B HuangFull Text:PDF
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The burden of proof in the civil evidence law is the core of the problem,Theburden of proof can be described with the "litigation" innate problem.The burden ofproof is essentially the case fact appears unclear, judge shall not refuse referee and thefact that the specification. The burden of proof is the core problem of it is theallocation of burden of proof. In Civil Procedure Law of our country about thedistribution of burden of proof of the general principle is " for their assertions, burdenof proof." The labor dispute lawsuit is the settlement of labor disputes the finalprogram, combined with the labor dispute has its particularity, and the differentcharacteristics of civil litigation. The labor dispute lawsuit mainly solves the problembetween employer and labor disputes.Specific to the labor dispute cases, the allocationof burden of proof, According to China’s labor dispute lawsuit proof responsibilitydistribution rules, analysis of the current labor dispute proof responsibility distributionproblems, Combining with a case, put forward fully embodies the laborer inclinedprotection idea, execute labor dispute liability portion of inverted. At the same timefrom Anglo American law system regarding the distribution of burden of proofmethod, comprehensive factors, through the interest balance method to solve thespecial case of the distribution of burden of proof, emphasizes that the right ofinvestigation and evidence collection, giving the judge appropriate discretion, thesignificance of distribution of burden of proof to the employer. In practice, ceaselessexploration, perfect labor dispute proof responsibility distribution, fair, timelysettlement of labor disputes and create conditions.
Keywords/Search Tags:The burden of proof, distribution of proof, burdenof proof of labor dispute lawsuit
PDF Full Text Request
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