Distribution Of Burden Of Proof In Labor Dispute Litigation

The development of labor relations is accompanied by the occurrence of labor disputes always.As a component of the judicial system,the labor dispute litigation system is the final form of the legal process of labor dispute cases and the final principles of justice in labor dispute cases.So how to allocate the burden of proof in labor dispute litigation affects the outcome of the trial directly.Not only should the parties consider the burden of proof,but also the judges must be familiar with the distribution of burden of proof at each stage of the litigation.It determines the application of substantive law and the outcome of litigation.At the present stage,most of judges are directly based on the distribution rules of the burden of proof in civil cases when they try labor dispute litigation cases.However,due to the unequal status of both parties,sometimes the direct application of the civil dispute burden of proof distribution rules cannot be fair and reasonable distribution of the burden of proof in the labor dispute litigation.In this regard,China has stipulated some standards exclusively for the burden of proof in labor dispute litigation.To a certain extent,it alleviates the burden of proof for workers,but it fails to take into account the integrity of the whole system,which highlights many problems.This thesis contains four sections:The first part is “the brief of the case and the question”.Start with the case of "wang xiaowei v.shuanglong forest farm".This part first briefly introduces the basic facts of the case and the judgments of the court of first instance,second instance and retrial,then analyzes the problems involved in the case,namely the object of proof and the distribution of the burden of proof,and points out the problems in the distribution of the burden of proof in this case,so as to introduce the theme of this paper.The second part is “the proof object of labor dispute litigation”.This part starts from the connotation of the object of proof in labor dispute litigation,and expounds the theoretical significance,practical significance and the meaning of the object of proof in labor dispute litigation.Then the thesis analyzes the scope of the proof object.Theoretically,there are three theories about the scope of the object of proof: the broad theory,the narrow theory and the eclectic theory.This thesis describes the substantive law facts,procedural law facts and evidence facts involved in these three theories one by one,and finally concludes that the object of proof of labor dispute litigation includes substantive law facts and procedural law facts,excluding evidence law facts.At last,this part studies the exception of proof object,which is evidentiary fact.The third part is “the principle of distribution of burden of proof in labor dispute litigation”.This part firstly analyzes the essential attribute of the distribution of burden of proof,that is,the distribution of burden of proof is the handling principle when the facts of a case appear to be true or false,and briefly introduces the distribution principle of burden of proof according to“specification”;Next,by comparing the labor dispute litigation with the general civil litigation,this part expounds the uniqueness of the labor dispute;Finally,this part studies the distribution of burden of proof in labor dispute litigation.It divides the distribution of the burden of proof in labor dispute litigation into four cases: the distribution of the burden of proof when the facts are formed,the distribution of the burden of proof when the facts are obstructed,the distribution of the burden of proof when the facts are excluded,and the distribution of the burden of proof when the facts are eliminated.It is concluded that the burden of proof for the formation of facts by power in the labor dispute litigation shall be borne by the laborer,while the burden of proof for the right to obstruct facts,exclude facts and eliminate facts shall be borne by the employing unit.Except in cases where the law stipulates that the burden of proof is reversed.The fourth part is “the problems and perfect ideas about the distribution of burden of proof.This part firstly analyzes the problems existing in the distribution of burden of proof in labor dispute litigation in legislation and judicial practice.In terms of legislation,the provisions are not perfect,and the current provisions are vague and general,which cannot meet the needs of practice.In terms of judicial practice,the content of labor disputes is increasingly extensive and complex,and new requirements are put forward for the distribution of burden of proof,the discretion of judges is lost,and the situation of "same case with different judgments" exists.Finally,this part puts forward its own suggestions from the aspects of legislation and judicature.In terms of legislation,laws and regulations on the distribution of burden of proof in labor dispute litigation should be improved,and the burden of proof should be allocated according to the specific attributes of the object of proof in labor dispute litigation.In judicial practice,we should standardize the application of judges to the legal norms on the distribution of burden of proof,limit judges' excessive discretion,strengthen the guidance and training of cases,and unify the application of laws.