Labor Dispute The Burden Of Proof

"If you say’love and death’is an eternal theme in literature,’the burden of proof is called the eternal theme in the system of Civil Evidence," concerned about the burden of proof, concerned about the burden of proof in the labor dispute, China’s economysustainable development, or long-term stability for the whole country, have far-reaching significance. The particularity of the labor dispute and professionalism, as well as the premise of the current global financial crisis, the increase in the burden of proof for the labor dispute, the new background, and thus has a high research and practical value. Although in real life, the objective situation is very different, people quality is uneven, the government concept of mixed old and new, the practice of promotion is still difficult, but we believe, should be multi-pronged approach, to strengthen and improve the allocation of the burden of proof of the labor dispute, which effectively interests of both sides of the balance both employees and employers to promote healthy and orderly development of China’s labor relations.In this paper, the characteristics of the labor dispute in China, starting from the theory of China’s labor dispute, the burden of proof, legislative, judicial, and supporting systems, and some thoughts and ideas to solve China’s labor dispute the burden of proof should be pointed out that yes, I do not intend inability tolabor dispute, all the burden of proof re-allocation. The idea is simple, but also impossible for China’s labor dispute, the burden of proof step measures. As for the distribution of supporting the improvement of the system, while not directly related to specific labor disputes, but to solve the plight of our country is now allocated to the settlement of labor disputes plays a vital role.