On The Investigation And Evidence Collection Of Labor Dispute Arbitration Institutions In China

In recent years,the labor dispute cases is increasingly complex,collective and socialization,to find out the true case,more and more demand of China's labor dispute arbitration institution for investigation,but was "the relevant units and individuals" refused to assist with the situation is becoming more and more popular,the main reason is that the relevant provisions of the fuzzy,lack of operation of.There is little theoretical investigation on arbitration of labor disputes in China Civil Procedure Law and labor arbitration experts,academics and practitioners of in-depth and systematic study of the labor dispute arbitration institutions have mostly stayed in the stage called for improved.This thesis aims to carry out detailed discussion on the investigation rights of labor dispute arbitration institution connotation and nature,legal status and the scope of investigation and evidence collection,cohesion,admissibility of evidence and obstructing the legal consequences of behavior problems.This paper consists of three parts: introduction,main body and conclusion.The main body is composed of six chapters:The first chapter starts from the connotation of labor dispute arbitration right of investigation,this paper will be limited to the labor dispute arbitration court investigation right,that its nature is a kind of quasi legal rights of judicial and administrative supplementary investigation in nature,at the same time,it clarify the forensic investigation and court lawyers,commercial arbitration institutions such as the different.The second chapter through analyzing the forensic investigation of China's labor dispute arbitration institution's three legislative development,sort out the present legislation of our country exists four problems,suggestions based on solicit public opinion on Revising the current law,stipulate the relevant content of investigation and evidence collection and supporting the development of file.Chapter three points out that China's labor dispute arbitration institution existing investigation has clear polarization,investigation scope should follow 4 basic principles,the application of investigation and evidence collection behavior and the establishment of ex officio investigation of internal examination and approval mechanism through the standard,reasonable definition of the scope of investigation of evidence.In the fourth chapter,according to the main methods of the investigation and evidence collection of labor dispute arbitration institutions in China and their problems and reasons,it is proposed that different investigation and evidence collection methods should be adopted according to the different objects of investigation.The fifth chapter from the perspective of cohesion of adjudication and the people's Court pointed out that the evidence linking problems on the admissibility of evidence collection and reasons of China's labor dispute arbitration institution,recommended the establishment of an independent investigation of the arbitrator and the examination system,as well as the parties in the litigation stage to collect evidence for restrictions.The sixth chapter clearly pointed out that the investigation of China's labor dispute arbitration institution because of legislative gaps and difficult to guarantee,suggestions from the private law and public law rules of evidence against order fulfillment and fines,punishment proposal,transferred to the judicial department established a full range of legal consequences of obstruction of investigation behavior.