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A Study On The Regulation Of The Burden Of Proof In Labor Disputes

Posted on:2018-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:B Y LiuFull Text:PDF
GTID:2346330515482777Subject:Law
Abstract/Summary:PDF Full Text Request
In the rapid development of market economy,labor relations are becoming increasingly complex,caused by the labor dispute case number is increasing,to resolve labor disputes effectively,guarantee the legitimate rights and interests of people with key units and individuals are.Nowadays,the awareness of the legal rights of the workers is gradually improved.In the face of the infringement of the employing units,the laborers are no longer silent,but choose legal means to safeguard their legitimate rights and interests.In the process of labor dispute cases,the parties need favorable evidence to prove that each one sticks to his argument,in fact,the burden of proof system in the labor dispute processing is very important.The burden of proof plays an important role in the process of dealing with labor dispute cases.To explore the relevant laws and regulations of the labor dispute the burden of proof in China,found that the responsibility of labor dispute proof has certain disadvantages,will be the responsibility of the civil dispute proof errors in application to the labor dispute the burden of proof,but the labor dispute cases with respect to civil cases has some shortcomings,if the one-sided civil dispute proof regulation application to labor dispute cases,can not meet the needs of society today.In the labor dispute cases,between the employer and the workers in an unequal position,in accordance with the "who advocates who evidence" principle can not be comprehensive access to relevant evidence.In the face of the particularity of labor dispute cases,the burden of proof is more focused on the protection of workers.There are some differences between labor disputes and civil disputes,both sides of the labor dispute have certain attributes,and there is a certain gap between the two sides of the contract.Therefore,the settlement of civil disputes should not be fully applicable to the case of labor disputes.This paper analyzed the regulation of the labor dispute the burden of proof,it is divided into three parts:First described the concept of labor dispute,labor dispute and the particularity of the burden of proof and special legislative requirements,combing our country on the labor dispute the burden of proof theory;This paper argues that the labor dispute case is different from the ordinary civil dispute case.First,the scope of application is different,the scope of labor dispute case is wider;Second,there is a difference in the distribution of the burden of proof;Third,the labor dispute the status of the parties unequal;Fourth,the labor dispute case has a certain degree of independence.The author points out the separable theory of the full burden of proof,the inversion of the burden of proof and the proof of responsibility.At the same time,it introduces the points of different theories,such as the legal requirements of civil law system,According to the principle of factual classification of the burden of proof of the burden of proof,for the labor dispute distribution of the burden of regulation to provide reference for the construction.Secondly,summarizes the current situation and problems of the labor dispute the burden of proof,using case study method,through the case analysis of the labor dispute,point out the deficiencies in the labor dispute the burden of responsibility;Enumerate the specific cases of labor disputes,through the labor dispute case of the burden of proof of the situation in-depth analysis that the current labor dispute burden of proof faces the main difficulties include three aspects:First,the labor dispute litigation burden of proof of the lack of clear guiding principles;Second,China’s civil procedural law on the labor dispute litigation burden of proof system there are shortcomings,such as labor dispute burden of proof is unreasonable,the current labor dispute on the distribution of the burden of proof is too general,operational is not strong,the current legislation can not To meet the needs of the distribution of burden of proof in labor dispute litigation;Third,"who advocates,who proves" is infinite expansion of the application.Finally,determine the labor dispute proof responsibility legislation,the necessity of labor dispute the burden of proof to improve the legislation,First,clear the labor dispute proof of responsibility to improve the value of legislation,it is recommended from the procedural justice and procedural benefits from two perspectives.Second,to determine the labor dispute proof of the stage of the distribution system,a reasonable positioning of the labor dispute burden of proof system,classification of labor dispute litigation burden of proof.Third,improve the labor dispute burden of proof-related supporting policies,it is recommended to improve the labor dispute agency fee subsidy system,the court to assist the investigation notice system,improve the labor cooperation system,improve the legal system of enterprise basic management system and the establishment of labor dispute litigation burden of proof The presumption system.Improve the labor dispute burden of proof system,fair and just solve the labor dispute cases,to better ensure the judicial efficiency.
Keywords/Search Tags:Labor Dispute, Burden of Proof, Distribution Rule
PDF Full Text Request
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