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On The System Of The Burden Of Proof In Labor Dispute Lawsuit

Posted on:2018-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:C JiangFull Text:PDF
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Civil burden of proof system is the backbone of civil litigation,the current civil burden of proof system inherited the German scholarís basic rules of "specification".Although labor dispute lawsuit has its particularity,according to the current laws and regulations,it still apply the "specification" rules.Because of the special relation between labor and business,in a labor dispute,there often appears the situation of difficulty to Proof.Due to the difficulties of proof is not the result of the laborerís own reasons,the judge in accordance with the current rules of distribution of evidential burden the referee such cases tend to appear not fair result.In the labor dispute lawsuit,the cause of the difficulty of proof are as following kinds,the first reason is that the evidence is under the control of the employers.The second reason is that the evidence has never been produced.However,the existing system of distribution of evidential burden canít solve the problem very well,so should look for a new Angle of viewóóThe Lightening of the Burden of Proof the burden of proof to reduce the use of this kind of situation is mainly refers to prove standard is reduced,it alleviate the plight of the labors on the one hand,on the other hand without complete removal of laborer the burden of proof,it can prevent the laborer rampant litigation damaging the businessís interest.Therefore,in the labor dispute lawsuit,,the burden of proof shall be on the premise of civil burden of proof allocation rules and under the condition of the special difficulties of proof burden relief system for harmonic may apply.This paper is mainly divided into four parts:the first part,through the typical case,this paper found the problems in the judicial practice is that workers in the lawsuit proof difficulties when the evidence is not produced;The second part,after analysis the current legislative situation and labor dispute rules of distribution of evidential burden,I found that the current rules of distribution of evidential burden canít solve the problem in the judicial practice;The third part,analyzes the defects of labor dispute litigation rules of distribution of evidential burden,the first is the defects of theory and shall be applicable to the "specification" is the premise of the equality of main body,and the labor dispute lawsuit main body status inequality,the grasp of the evidence ability is different,"specification" theory at the beginning of the building,there is no account of the differences of proof ability,the second is practical defects,no evidence cause laborer proof difficult formation,in judicial practice that this kind of situation has not well solved;The fourth part,the introduction of the lightening of the burden of proof theory,the theory can well solve the laborer in the judicial practice of difficult situations.
Keywords/Search Tags:the procedure of labor dispute, the assignment of the burden of proof, the lightening of the burden of proof, the duty to produce evidence, difficulty to proof
PDF Full Text Request
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