Font Size: a A A

Proof Burden Distribution To The Labor Disputes

Posted on:2017-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:C LiangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the high-speed development of China’s economy and society, labor dispute cases emerge frequently. Labor dispute cases treated unfairly affects social harmony. In such cases, how to distribute the burden of proof plays an important role. The provisions of the current laws and regulations on distribution of evidential burden in our country is both abstract and defective, making the results of cases difficult to meet the needs of litigants. Litigants can’t achieve the desired results.Labor dispute have different features compared with civil disputes, mainly lies the subordination between the main body in labor disputes, which exists inequality. The improvement of distribution of evidential burden must take this into account, a new rule of law which is different from the civil burden of proof principle need to be carried out. In order to improve the construction of labor laws and regulations as well as protect the legal rights and interests of workers better. Analyzing the present legislation about burden distribution in labor disputes, we can distribute evidential burden according to the different stages of labor lawsuit and the different position between litigation. It’s significant to balance the benefit between litigants.
Keywords/Search Tags:Labor dispute, The allocation of the burden of proof, Allocation rule
PDF Full Text Request
Related items