Study On The Distribution Of Proof Burden In Labor Disputes

With the development of economy, the case of labor disputes increasing rapidly. In labor dispute lawsuit, the allocation of the proof burden plays an important role, but the existing burden distribution rules are defective, although many laws have distribute the proof burden to the company to protect the employers who always in the disadvantage position, also lack of the general proof burden distribution principle aim at labor disputes. It has hindered the improvement of the construction of the society ruled by law.Labor relations is a kind of special relation, both have the characteristics of equal and subordinate, and also both the nature of personal relationships and the property relations. The thesis wants to explore a reasoned way to distribute the proof burden which is the center process in the lawsuit. In fact, there have some provisions about this problem formulated in different laws, for example,<Labor Dispute Mediation Arbitration Law>^<The Civil Evidence Regulations>、judicable explanation and administrative regulations and so on. The necessary of discussion about this question is, in the labor relations, the position of employer and employee is unequal, and usually the employee supervised by the employer, and big part of evidence resource controlled by the employer, so when the disputes happened, the employee always at the unfavorable position of evidence presenting, even bear the result of losing suit. But despite all this, we also cannot let the employer bear more proof burden irrational. So exploring a way to allocate the proof burden as equal as possible is very important, also is the destination of this paper.Based on in depth analysis of theory relates with the labor dispute proof rules, combined the characteristics of labor disputes, I want to find a way which could balancing of interest in two parties of the labor relation depend the nature of subordination of labor relations, and arousing the enthusiasm to present the evidence, and to the extent that push forward the process of the lawsuit.