The Spoliation Of Evidence In Labor Remuneration Suit

As evidences are the main reason of judgements, the parties’ control and use of evidence play an important role in the judge’s discretional evaluation, so the parties must try their best to collect evidences and produce them. However, in juridical practice, the distance between evidences and the two paties are different, for example, in labor remuneration suits, as employers always control the majority of evidences, the workers have great difficults to get and produce evidences. Nevertheless, many employers make spoliation of evidence, the workers’ burden of proof becomes heavier. At the same time, because of the improvement of the workers’ legal knowledge, there are also workers who make spoliation of evidence,too. But there are no detailed regulations of the spoliation of evidence in our country, the real owner of rights always be aggrieved. In order to know more about the spoliation of evidence in labor remuneration suits, this paper make ampirical analysis, theoretical analysis and comparative analysis in four parts.The first part: the spoliation of evidence in labor remuneration suits in juridical practice now. In labor remuneration suits, we can always find evidence spoliation. In judicial practice, we can find some defects: the person who make evidence spoliation is undefined, main characterized by wethere the party who have the burden of proof and the outer party could become the behaviour subject of evidence spoliation; the range and due time to preserve evidence are all not clear, specific characterized by the range of evidence preservation ordered by law is so poor, the obligation of evidence preservation ordered by substantive law is not well connected with the obligation of evidence preservation ordered by civil procedure law; the way to settle this problem is not the same among different courts, and the punishment is insufficient. At present, we mainly take presumption and the civil enforcement measures to deal with evidence spoliation.The second part: the basic theory of evidence spoliation in labor remuneration suits. Including the meaning of evidence spoliation in labor remuneration suits, the components of it, the causes of it and the legal effect of it. Thereinto, besides the employers, employees, the third party of civil action and the outer party all can be the behaviour subject of evidence spoliation; from the degree of negligence to analysis negligetive evidence spoliation is abetter way, thus, the judge could choose the best way to deal with evidence spoliation; the legal effect of evidence spoliation is diversified, they can be divided into the legal effect in civil procedure, eatablish a separate action and the legal effect in criminal procedure.The third part: the comparative analysis of evidence spoliation. Some countries of civil law and common law, and Taiwan all have legislations about evidence spoliation. Through the analysis of their legislations, judicial precedents and doctrine, we can find the advantages of their evidence spoliation system, and this is helpful to us.The fouth part: the way to improve and perfect the system of evidence spoliation in labor remuneration suits. The civil procedural law revisioned in 2012 and the judicial interpretation of civil procedure law by the supreme court of the People’s Republic of China in 2015 have perfect the evidence spoliation rules in labor remuneration suits in seven aspects, they are the time limit for adducing evidence, identify, evidence preservation before litigation, malicious litigation and evidence exchange in count, inquiry rules for the party and instruments proposed order. In order to reduce evidence spoliation in labor remuneration suits, we should make efforts to improve the system of evidence collection and the various legal effects of evidence spoliation.