Analysis Of The Problems Of China’slabor Dispute The Burden Of Proof Allocation

Along with the gradual construction and development of the socialist market economic system, the main body of the market economy is diversified, and labor disputes are increasing year by year.. In the case of labor disputes, the distribution of the burden of proof plays a vital role in the trial of the case.. There are many deficiencies in the distribution rules of labor disputes litigation in China, and there are some general points in the existing law, which can not meet the needs of reality.. Therefore, this article through the labor disputes of the characteristics of the burden of proof, rules and the inadequacies of our country’s labor disputes litigation of the burden of proof of the distribution of the burden of proof of some suggestions.The labor dispute lawsuit because of its own particularity, makes the trial of labor dispute case different from civil cases, administrative cases and criminal cases. And China no special labor disputes litigation law, and allocation of the labor disputes litigation of burden of proof is not clearly defined, lead to labor dispute cases of workers is difficult to corresponding legal aid. The in depth analysis based on China’s labor dispute lawsuit proof responsibility distribution situation, with reference to the two genealogies of law on labor disputes litigation of burden of proof theory, the allocation of burden of proof in China labor dispute lawsuit proposed some specific recommendations, taking the opportunity of starting point to promote the litigious right of the parties in the labor dispute to achieve, to safeguard the legitimate rights and interests of workers.