Research On The Distribution System Of Labor Dispute Proof Responsibility

Based on the inequality and subordination between laborers and employers,in labor dispute litigation,the plaintiff is mostly a laborer whose rights have been infringed,and the defendant is mostly an employer,and the legal status of the laborer and the employer is relatively fixed..In actual litigation,according to the distribution method of proof responsibility established by the normative theory,the worker as the plaintiff needs to provide evidence proof of the facts of the existence of his rights.However,because the evidence is partial and the evidence is not formed,it will cause the worker to give evidence difficult.For the difficulty of proof,there are two solutions in the current certification responsibility system.One is to reverse the objective burden of proof from the distribution of burden of proof,so that the party holding the evidence bears the objective burden of proof.In order to avoid the risk of losing the case,the parties will actively provide the evidence they hold,but it is worth noting that such inversion(using the norm as a starting point)requires timely modification of the relevant substantive laws.Not only that,objective proof responsibility is only an abstract risk allocation,and has nothing to do with specific litigation activities.Even inverting objective proof responsibility may not be able to ascertain the facts of the case,because after the objective proof responsibility is inverted,the evidence holder often needs to prove a certain This fact does not exist,which is undoubtedly very difficult.In addition to changing the distribution of burden of proof,another way to alleviate the parties ’ difficulty in proof is to apply the technique of reducing the burden of proof.The reduction of the burden of proof can guide and standardize the provision of evidence and the link of fact determination in specific litigation activities through the rules of proof and the rules of fact determination,thus alleviating the difficulty of proof for the parties.In this regard,it is necessary to re-examine the system of distribution of burden of proof in labor dispute litigation to solve the problem of difficulty for workers to provide evidence.This paper is divided into five chapters.Its basic structure and content are asfollows:The first chapter mainly analyzes the particularity and impact of labor disputes.First,it introduces the concept and classification of labor disputes and clarifies the scope of labor disputes;second,it explains the particularity of labor disputes;and finally,analyzes the impact of this particularity on the certification of labor disputes.The second chapter mainly analyzes the main theories of the distribution of labor dispute proof responsibility in my country.At present,the main theories of the distribution of labor dispute proof responsibility in our country are the proof liability inversion theory,the determination theory according to the type of case and the discretion theory.First,it introduces the connotation of proof responsibility inversion and its causes,and analyzes it.Second,it introduces the connotation of determining the theory according to the type of case and analyzes it.Finally,it introduces the connotation of the discretion theory and analyzes it.The third chapter mainly analyzes the cases of applicability of burden of proof for labor disputes in practice in my country.First of all,an overall analysis of the application of certification responsibility allocation in labor dispute cases across the courts across the country found that the number of labor dispute cases in China is showing an overall upward trend.The court levels of case trials are unevenly distributed,and the labor dispute case appeal rate is relatively high.Disputes and confirmation of labor relationship disputes and other characteristics;Secondly,through typical cases to analyze the methods of judges in practice to solve the difficulties of laborers’ proof of evidence,it is found that in judicial practice,judges are distributed between laborers and employers according to the "standards" Proof of responsibility,but it will solve the problem of difficulty for workers to prove in practice by proving related technologies in the reduction of responsibility.The fourth chapter mainly analyzes the current distribution rules of labor dispute proof responsibility in my country.Firstly,it introduces the general principles of the distribution of the burden of proof in civil litigation,secondly,it introduces the special provisions on the distribution of the burden of proof of labor disputes in my country’s legislation and judiciary,and finally briefly analyzes the shortcomings of the current provisions of the distribution of the burden of proof of labor disputes.The fifth chapter mainly puts forward suggestions for improving the distribution system of labor dispute certification responsibility in my country.First of all,in the distribution of certification responsibility,adhere to the general principle of norms,and at the same time,introduce certification responsibility mitigation technology,through specific measures to reduce the burden of proof,such as proof of presentation,case explanation obligations,proof obstruction,and lowering the standard of proof,to solve the labor burden of proof difficult question.