Research On Spoliation Of Evidence In Labor Disputes

The common concept which is Spoliation of Evidence in the theory and practice of civil litigation has been neglected in labor disputes.Due to the particularity of labor relations,the relevant evidence is often concentrated in the hands of the employing units,the workers want to provide evidence in arbitration or litigation to prove their own claims is extremely difficult,and the employer also out of their own interests to protect the inevitable implementation of obstacles to the workers to provide evidence of the behavior.Based on this situation,the judge or arbitrator,in the middle of the referee,uses general civil evidence rules to distribute the burden of proof,but this kind of way for the laborer wants to use the legal means to defend own interest is very disadvantageous,therefore has the labor dispute case the burden of proof inverted rule,however this rule's application is conditional,also has its limitation,so it is necessary to prove the obstruction of the rules.This article co the common case of labor dispute in judicial practice,and finds the problem in the academic study that in the theory of labor disputes proves the problems that hinder the specific application of the problem,and finally solve the problem through The proposal put forward to prove that impeding the establishment of the system in the labor dispute.The text starts from five parts and discusses in detail.In the first part,firstly through the analysis of common judgments in practice,it is found that the application of the rules of inversion of the burden of proof in the case of labor disputes is conditional and has its limitations.Therefore,it is necessary to introduce proofs in the handling of labor dispute cases.Obstructs the rules.The second part is mainly to explore the connotation of the impediment.Through the introduction of foreign countries in the legislature and practice of the identification of the impediments to certification,based on this summed up the connotation of the proof of the impediment.The third part: This part mainly discusses the particularity and necessity of proving problems in labor disputes,that is,due to the particularity of the relationship between employers and laborers,the partiality of the evidences arising and the special distribution of burden of proof in labor disputes in China.Sex.From the perspective of jurisprudence,it should be analyzed whether it should be controlled in the labor disputes to prove the obstruction.The fourth part: This part mainly analyzes how the application of the theory of obstruction in labor disputes is proved,that is,it proves the constitution of the obstructive behavior and the legal effect of the obstruction of the act.Then it analyzes how the legal impediments in our country should be set in order to meet the needs of our country.The policy objectives are adapted.The fifth part: Based on the analysis of the above issues,the paper proposes a proposal for the establishment of an impeded system in China's labor disputes in response to the current problems in China that apply the barrier theory to specific application in labor disputes.