论我国劳动争议诉讼的举证责任分配
发布时间：2018-11-04 15:44
【摘要】： 劳动关系不同于一般民事关系的特点决定了劳动争议诉讼的举证责任分配应当有别于一般民事诉讼。然而我国对于劳动争议诉讼的举证责任分配,没有专门、系统的立法,审判实践中主要依据了民诉法的举证责任分配规定。劳动争议调解仲裁法尽管作出了专门性规定,且在目前仲裁诉讼化的背景下也可参照适用,但仲裁与诉讼作为劳动争议不同阶段的处理程序应当有所区别,制定专门适用于诉讼阶段的劳动争议举证责任分配法律必不可少。 本文采用了比较分析和实证分析的方法,通过研究相关的举证责任分配理论,提出了构建我国劳动争议诉讼举证责任分配规则的设想;并通过分析我国劳动争议诉讼举证责任分配立法存在的缺陷,结合本文提出的分配规则,为完善我国劳动争议诉讼举证责任分配的立法提出了几点建议;最后按照本文提出的分配规则分析了几类典型劳动争议案件的举证责任分配问题。
[Abstract]:The distribution of burden of proof in labor dispute litigation should be different from that in general civil action. However, there is no special and systematic legislation for the distribution of the burden of proof in labor dispute litigation in our country. In the trial practice, it is mainly based on the allocation of the burden of proof in the civil litigation law. Although the Labor dispute Mediation and Arbitration Law has made special provisions and can also be referred to and applied in the context of the current arbitration litigation, arbitration and litigation as different stages of labor dispute handling procedures should be different. It is necessary to establish the law of distribution of burden of proof in labor dispute. This article adopts the method of comparative analysis and empirical analysis, through studying the relevant theory of distribution of burden of proof, put forward the assumption of constructing the rule of distribution of burden of proof in labor dispute litigation of our country; By analyzing the defects of the legislation on the distribution of the burden of proof in labor dispute litigation in our country, and combining the distribution rules proposed in this paper, some suggestions are put forward to perfect the legislation of the distribution of the burden of proof in the labor dispute litigation of our country. Finally, according to the distribution rules proposed in this paper, the distribution of burden of proof in several typical labor dispute cases is analyzed.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.591;D925.1
本文编号：2310311
[Abstract]:The distribution of burden of proof in labor dispute litigation should be different from that in general civil action. However, there is no special and systematic legislation for the distribution of the burden of proof in labor dispute litigation in our country. In the trial practice, it is mainly based on the allocation of the burden of proof in the civil litigation law. Although the Labor dispute Mediation and Arbitration Law has made special provisions and can also be referred to and applied in the context of the current arbitration litigation, arbitration and litigation as different stages of labor dispute handling procedures should be different. It is necessary to establish the law of distribution of burden of proof in labor dispute. This article adopts the method of comparative analysis and empirical analysis, through studying the relevant theory of distribution of burden of proof, put forward the assumption of constructing the rule of distribution of burden of proof in labor dispute litigation of our country; By analyzing the defects of the legislation on the distribution of the burden of proof in labor dispute litigation in our country, and combining the distribution rules proposed in this paper, some suggestions are put forward to perfect the legislation of the distribution of the burden of proof in the labor dispute litigation of our country. Finally, according to the distribution rules proposed in this paper, the distribution of burden of proof in several typical labor dispute cases is analyzed.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.591;D925.1
【引证文献】
相关硕士学位论文 前1条
1 茆蓉;劳动争议证明责任研究[D];南京师范大学;2012年
，本文编号：2310311
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