Research On The Burden Of Proof In Labor Dispute Cases

The burden of proof is the key to resolving labor dispute cases,because labor dispute cases are different from ordinary civil cases.Both parties to a labor dispute are workers and employers,employers belong to managers,and workers are managers.Both economically and legally,workers are clearly in a weak position.When labor disputes occur,workers' ability to collect evidence is limited.The distribution of burden of proof is the key to decide whether the laborer wins the lawsuit or not.However,by combing the existing laws and regulations,judicial interpretation,department rules and so on,the author finds out the present situation in our countryA labor dispute case law of the burden of proof does not play a balance of interests between employees and employers.Because of the lack of existing norms and not perfect,resulting in a lot of practice,the legitimate rights and interests of workers due to the allocation of the burden of proof is not reasonable and can not be protected.Therefore the connotation of the concept of burden of proof of the labor dispute the case theory,legal analysis and analysis of real cases of lots of practice summed up,put forward to perfect the burden of proof of labor dispute cases in our country.