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Study On The Distribution Of Proof Burden In Labor Disputes

Posted on:2016-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:H L LiuFull Text:PDF
GTID:2296330482974918Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the twenty-first century, labor legal documents such as Supreme People’s Court’s Several Rules in Civil Procedural Evidence, upreme People’s Court’s interpretation of applying the law in labor controversies, Supreme People’s Court’s interpretation of applying the law in labor controversies (Ⅱ) are promulgated one after another. From these laws, we can see that China has become more aware of protecting the interests of employees, and gradually increases burden of proof of employers.The issuing and implementation of Labor Contract Law emphasizes that employees and employers both must have the awareness of proof from the perspective of distribution of proof burden; Labor Dispute Mediation and Arbitration Law is implemented on May of that year, which further specifies the distribution of proof burden to employees and employers. Although the stipulation of proof burden in labor disputes of labor legislation gradually considers the double characters of equality and subordination between employees and employers, in judicial practice, a number of faultiness in legislation of proof burden in labor disputes occurred.This paper is designed to compare and analyze the standards of proof burden in labor disputes of civil law system and common law system, and analyze the problems of proof burden in labor disputes occurred in judicial practice of China under the actual conditions in China, then put forward the related rationalization proposal.
Keywords/Search Tags:proof burden, labor disputes, the operation mode of evidence, the distribution standards of proof burden
PDF Full Text Request
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