Research On The Proof Of Liability In Labor Relations

The labor relationship shows great complexity and diversity with the rapid development of China's market economy.The number of labor relationship confirmation lawsuit has also increased,which is becoming a focus issue in social.How to solve the labor relationship confirmation lawsuit and protect the legal right of employee and employer is becoming an increasingly important.Nowadays,employees' awareness of legal rights is gradually increasing.In the face of legal violation caused by employers,employees are no longer silent,but safeguard their own right by legal means.The both parties of the labor relationship confirmation lawsuit have their own say,they need favorable evidence to support their claims,and the assignment of the burden of proof is related to whether their claims can be realized.In the judicial practice of labor relationship,the rules of the assignment of the burden of proof of the civil procedure are often directly applied to the labor relationship confirmation lawsuit.However,the labor relationship lawsuit has its own particularity.Due to the subordination of employee,the ability of employee to present evidence is weaker than employer.If we directly apply the rules of the assignment of the burden of proof of the civil procedure into the labor relationship confirmation lawsuit,it is impossible to solve the issue.Therefore,this paper explores and analyzes the system of the burden of proof of the labor relationship confirmation lawsuit by the assignment of the burden of proof and the lightening of the burden of proof.Besides preface and conclusion,this paper is divided into four parts:The first part describes the basic theory of the labor relationship confirmation lawsuit,which is the basis for studying the system of the burden of proof of the labor relationship confirmation.Then confirm the object of proof of the labor relationship confirmation lawsuit.Finally,the particularity of labor relationship confirmation lawsuit is discussed,showing that labor relationship confirmation lawsuits are different from ordinary civil procedure,and the rules of proof of civil procedure are not applicable to the labor relationship confirmation lawsuit.The second part summarizes the situation and problems of the burden of proof of the labor confirmation lawsuit by going through the typical cases.The part lists the difficulties in the burden of proof of employee and discusses the reasons.There are some shortcomings in the burden of proof of the current the labor relationship confirmation cases.In the third part analyses the existing theories about the burden of proof in China firstly.This paper put forward the construction of the system of the burden of proof based on the modified Rosenberg's Rules.The fourth part discusses the method of lightening of the burden of proof.In order to fill in the gaps and solve the difficulty to proof of employee in the labor relationship confirm lawsuit by lightening of the burden of proof.