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Labor Dispute Litigation Proves To Hinder Research

Posted on:2017-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2356330512953038Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Spoliation of evidence has always been a hot issue during labor lawsuits in our country.Different from other civil litigation,litigation of labor disputes,the parties are relatively fixed,the huge differences between the parties in the litigation,evidence of partial in multiple and labor relations is becoming more diverse,complex,are prompting labor dispute proof impediments to a more prominent factor.Not only damage the party's legitimate rights and interests of obstruction of evidence,but also disturb judicial order,hinder the smooth progress of the proceedings,seriously affected the judicial fairness,the realization of justice.Therefore,law should seek a way to avoid the burden of proof to make referee technical regulations permit Ming handicapping.The paper first discusses the legal basis of the regulation of obstruction of evidence,that although scholars from the rule of thumb,damage compensation obligations,the duty to prove that the danger field and the principle of honesty and credit and other theories,the obstruction of evidence to explain,but each theory in interpretation are insufficient,relatively speaking,the duty to prove as the legal basis of obstruction of evidence is more suitable for China's national conditions,from the perspective of comparative study on the theory and the theory of foreign countries and regions are studied;secondly,the types of cases from the complex,partial evidence of multiple parties,the burden of proof is poor,labor management internal control leads to difficulties in aspects of research for the labor dispute that impede the multiple reasons,the focus on the labor dispute proof prevent problems,will focus on the problem in essence proof Handicapping The analysis,including the nature of the behavior,the burden of proof of ownership and standards need to be clear,in order to study the exclusion mechanism according to the specific circumstances of that difficulty and cannot prove that matters,with coercive measures,the burden of proof,presumption and advocated the establishment of the lower standard of proof in four ways,the implementation of labor justice behavior that impede elimination;then,analysis and comparison on the domestic related legislation,proposed to restrict the application of general principles of the labor dispute lawsuit that hinder the rules,including the labor dispute lawsuit can not change the basic rules of the distribution of burden of proof,can not completely replace the preservation of evidence and the court's investigation and evidence collection right,can not break the litigant right protection of secret information three principles.To ensure the integrity of the rule of law,and the construction of legal norms that can be set up from the labor provisions of the acts of obstruction of evidence,the scientific definition and Norms,and further play power of national institutions,safeguard the fairness and justice of the proof procedure,to achieve a good legal effect.Finally,from the perspective of our judicial practice proof of interfere with the regulation of the existing problems for the labor dispute lawsuit in our country is analyzed,and then put forward the total node,request the problem research,in conjunction with the relevant departments of law norms,not to separate law to meet,but also to strengthen the perfection of the supporting system suitable for the building of the China labor disputes litigation practice proof system of obstruction and continue to in-depth study.
Keywords/Search Tags:Spoliation of evidence, Assisting obligation of litigants, Labor dispute lawsuit
PDF Full Text Request
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