法律英语在线翻译
Labor dispute is to show unit of choose and employ persons and laborer, based on labor contract and related laws and regulations or unit of choose and employ persons labor system formed labor contract relationship or factual labor to concern and controversy of rights and obligations.Labor disputes in the dispute settlement mechanism, inevitably involve the burden of proof. Current laws will labor dispute into the civil procedure law, the scope of labor relations besides general civil legal relationship of equality, also has its unique membership, RenShenXing etc. In labor relations, unit of choose and employ persons, laborer is one side were managers, between the managers are not equal status in the burden on the ability, also have obvious difference. But for the allocation of the burden of labor dispute is stipulated, the problem of the concrete practice against. In the labor dispute arbitration or litigation of burden for more detailed division, with scientific proof responsibility theory in perfect, better fairness, solving labor disputes.
This paper tries to discuss the labor relations, namely the adjustment by law shall, labor relations, is a kind of special labor relations. Labor relations with the will of the state and the main properties and will concurrently, equality and personal relationship and property relationship with nature. According to different classification method, the labor dispute is divided into the individual and the collective controversy, group dispute; Rights and interests and confirmation of disputes, payment of controversy and alteration of controversy, Confirmation of dispute, payment of disputes, the change of dispute.
In case the authorities are faced with the burden of proof allocation problem. The problems in the distribution of the burden of proof, different theories. There is a legal requirement is representative of the classification, probability, the danger field. In civil lawsuit legal requirement basically adopts the theory of distribution classified said proof responsibility. And according to the provisions of labor dispute proof responsibility, referring to the labor dispute mediation and arbitration law, regulations and judicial interpretations evidence and the administrative regulations, the provisions of the way is clear evidence rules and regulations of the article 6 of the labor dispute, but the burden of proof is too general and narrow. Overall, about labor dispute, below the proof system：
（1）A labor dispute case of lack of clear proof responsibility theory guidance
（2）The judicial interpretation of labor dispute lawsuit which determine the distribution of proof responsibility too narrow range
（3）The judicial interpretation of the allocation of the burden that does not conform to the legal requirements classification said
（4）Evidence rules of labor dispute the burden distribution does not conform to the provisions of the burden
On the distribution of labor dispute, the burden of proof for different scholars. Some scholars think, according to labor dispute 7 disputes, pay disputes, management and labor contract dispute distribution proof responsibility, Some scholars think in labor law relations between the essence of unequal status, in order to effectively protect worker, should execute completely burden.
The author argues that the labor dispute, the distribution of proof of labor law, according to labor law entity proved the allocation of responsibility. At the same time, the burden of proof for the distribution of labor dispute, must consider our about the inherent theoretical proof responsibility allotment, it has now been gradually mature proof responsibility distribution theory blind pursue path. In labor disputes in the allocation of the burden of proof, the following aspects should be taken into consideration:
1.With a legal requirement for the classification of the burden of proof that fundamental principle of distribution
2.On the basis of equal to protect the lawful rights and interests of the parties
3.In the legislation should be fully clear proof of labor dispute the allocation of responsibility principle and system
For labor dispute the burden of proof, the distribution of specific rules of civil procedure to borrow in lawsuit classification theories of labor dispute, the types and the civil lawsuit classification theories of combination of labor dispute into confirmation (of), to FuXing labor dispute (payment) and change the defense of the labor dispute (the), the burden of proof.
On the burden of proof for distribution of labor dispute, laborer still exists weak evidence. Unit of choose and employ persons in the arbitration and litigation are likely to mastering the evidence material intentionally don't provide, or to laborer of facts says "don't know," "don't remember," or unit of choose and employ persons that all the above statements do disadvantage. This has caused the evidence difficult. Workers party The author thinks that the correct application, constructive system can help in this situation.
以上为 有道桌面词典 翻译结果，仅供参考。
Labor dispute means between employers and employees, based on labor contracts, employment-related laws and regulations or the formation of unit labor system, or the fact that labor contracts and labor relations rights and obligations of the dispute occurred. Labor dispute in the dispute settlement mechanism, will inevitably involve the question of burden of proof. China's existing laws will be incorporated into the labor dispute the scope of application of the Code of Civil Procedure, and labor relations in addition to a general civil law relations with equality, but also with its unique membership, and personal characteristics, etc.. In labor relations, the employer is a party managers, party workers were managers, the status between the two is unequal in the ability of proof there was a marked difference. In China, labor disputes on the allocation of the burden of proof in a more general provisions, the practice is not conducive to the specific operation. Labor dispute in arbitration or litigation the burden of proof for a more detailed breakdown and science will help in the burden of proof on the theory of sound at the same time, better fair and just settlement of labor disputes.
In this paper to discuss labor relations, labor law that is subject to adjustment of labor relations, should be a specific, narrow sense of labor relations. Labor relations with the will of the state-oriented parties will as the main attributes, both equal and subordinate, and both personal relationships and the nature of property relations. According to different classifications of labor disputes has been divided into individual disputes, collective disputes and controversial groups; the rights and interests of controversial disputes, confirm-type controversy, debate and change the payment type of controversy; confirmed type controversy, dispute payments, change-type controversy.
Appear in the case of authorities are faced with the question of how to allocate the burden of proof. The distribution of the burden of proof issue, have a different theory. More representative of the legal elements of classification that the probability that the risk of the area said. China's civil law to take the main elements of the theory of classification of that burden of proof allocation. The burden of proof for the labor dispute provisions scattered "Labor Dispute Mediation Arbitration Law," "evidence," which, as well as administrative regulations, judicial interpretations, the most clearly defined than the "rules of evidence" in Article VI, the provisions of the six working burden of proof in dispute, but the provisions are too broad and narrow. In general, the burden of proof on the system of labor dispute, the existence of the following shortcomings:
(A) labor dispute cases to prove the lack of clear responsibility for the guidance of the Theory of Distribution
(B) the judicial interpretation of the labor dispute to determine the allocation of responsibilities to prove the scope of litigation is too narrow
(C) by judicial interpretation to determine the allocation of the burden of proof does not meet the legal requirements that the classification
(D) "rules of evidence" burden of proof of labor disputes in the allocation of the burden of proof is not in line with the general provisions
Labor dispute on the allocation of burden of proof, to make different scholars have discussed the matter. Some scholars believe that the labor dispute will be removed from office in accordance with the disputes, the treatment of disputes, the management of labor contract disputes and the allocation of burden of proof disputes; Some legal scholars believe that labor relations in view of the status of the substance of the two sides of inequality, in order to effectively protect the workers, should be fully implemented The burden of proof.
I believe that the labor dispute on the allocation of burden of proof, it can not be separated from the labor is
Labor dispute in arbitration or litigation the burden of proof for a more detailed and scientific division has proved beneficial to duty in the theory of sound at the same time, better fair and just settlement of labor disputes. In this paper to discuss labor relations, labor law that is subject to adjust labor relations, should be a specific, narrow sense of labor relations. Labor relations with the country led by the will of the parties as the main body of the will of property, both equal and subordinate to, and both personal relationships and the nature of property relations.
Labor dispute means between employers and employees, based on labor contracts, employment-related laws and regulations or the formation of unit labor system of labor contracts or labor relations and the fact that the rights and obligations of the dispute happened. Labor dispute at the dispute settlement mechanism, will inevitably involve the question of burden of proof.
China's existing laws will be incorporated into the labor dispute the scope of application of the Code of Civil Procedure, and labor relations in addition to a general civil law relations with equality, but also with its unique membership, and personal characteristics, etc.. In labor relations, the employer is a party managers, party workers were managers, the status between the two is unequal in ability on the burden of proof also has significant differences. In China, labor disputes on the allocation of the burden of proof provisions of a more general problem, the practice is not conducive to the specific operation.
This resulted in the burden of difficult side of workers. The author believes that right is presumed to apply the system, can help to improve this situation.
I believe that the labor dispute on the allocation of burden of proof, it can not be separated from the substantive law of labor to carry out research, working entities in accordance with laws and regulations to carry out the distribution of burden of proof. At the same time, labor disputes for the distribution of burden of proof, we must consider the distribution of our country about the inherent burden of proof theory, can not be completely mature now set aside the duty to prove the theory of blind pursuit of alternative distribution. Labor dispute in the distribution of the burden of proof should be focused on several aspects to consider are as follows: 1.
Classification of legal requirements to prove that for the distribution of the basic principles of duty 2. Adhere to the equal protection of the legitimate rights and interests of the parties in principle 3.
The burden of proof for the labor dispute provisions scattered "Labor Dispute Mediation Arbitration Law," "evidence," which, as well as administrative regulations, judicial interpretations, the most clearly defined than the "rules of evidence" in Article VI, the provisions of the six working duty to prove controversial, but the provisions are too broad and narrow.
According to different classifications of labor disputes has been divided into individual disputes, collective disputes and controversial groups; the rights and interests of controversial disputes, confirm-type controversy, debate and change the payment type of controversy; confirmed type controversy, dispute payments, change-type controversy. Authorities appear in both cases are faced with the question of how to allocate the burden of proof. Distribution in the burden of proof on the question, have a different theory. There is a more representative classification of legal requirements that the probability that the area of said dangerous. Our country in civil law to take up the main elements of the theory of classification of distribution, said the burden of proof.
This paper tries to discuss the labor relations, namely the adjustment by law shall, labor relations, is a kind of special labor relations. Labor relations with the will of the state and the main properties and will concurrently, equality and personal relationship and property relationship with nature. According to different classification method, the labor dispute is divided into the individual and the collective controversy, group dispute; Rights and interests and confirmation of disputes, payment of controversy and alteration of controversy, Confirmation of dispute, payment of disputes, the change of dispute.
In case the authorities are faced with the burden of proof allocation problem. The problems in the distribution of the burden of proof, different theories. There is a legal requirement is representative of the classification, probability, the danger field. In civil lawsuit legal requirement basically adopts the theory of distribution classified said proof responsibility. And according to the provisions of labor dispute proof responsibility, referring to the labor dispute mediation and arbitration law, regulations and judicial interpretations evidence and the administrative regulations, the provisions of the way is clear evidence rules and regulations of the article 6 of the labor dispute, but the burden of proof is too general and narrow. Overall, about labor dispute, below the proof system：
（1）A labor dispute case of lack of clear proof responsibility theory guidance
（2）The judicial interpretation of labor dispute lawsuit which determine the distribution of proof responsibility too narrow range
（3）The judicial interpretation of the allocation of the burden that does not conform to the legal requirements classification said
（4）Evidence rules of labor dispute the burden distribution does not conform to the provisions of the burden
On the distribution of labor dispute, the burden of proof for different scholars. Some scholars think, according to labor dispute 7 disputes, pay disputes, management and labor contract dispute distribution proof responsibility, Some scholars think in labor law relations between the essence of unequal status, in order to effectively protect worker, should execute completely burden.
The author argues that the labor dispute, the distribution of proof of labor law, according to labor law entity proved the allocation of responsibility. At the same time, the burden of proof for the distribution of labor dispute, must consider our about the inherent theoretical proof responsibility allotment, it has now been gradually mature proof responsibility distribution theory blind pursue path. In labor disputes in the allocation of the burden of proof, the following aspects should be taken into consideration:
1.With a legal requirement for the classification of the burden of proof that fundamental principle of distribution
2.On the basis of equal to protect the lawful rights and interests of the parties
3.In the legislation should be fully clear proof of labor dispute the allocation of responsibility principle and system
For labor dispute the burden of proof, the distribution of specific rules of civil procedure to borrow in lawsuit classification theories of labor dispute, the types and the civil lawsuit classification theories of combination of labor dispute into confirmation (of), to FuXing labor dispute (payment) and change the defense of the labor dispute (the), the burden of proof.
On the burden of proof for distribution of labor dispute, laborer still exists weak evidence. Unit of choose and employ persons in the arbitration and litigation are likely to mastering the evidence material intentionally don't provide, or to laborer of facts says "don't know," "don't remember," or unit of choose and employ persons that all the above statements do disadvantage. This has caused the evidence difficult. Workers party The author thinks that the correct application, constructive system can help in this situation.
以上为 有道桌面词典 翻译结果，仅供参考。
Labor dispute means between employers and employees, based on labor contracts, employment-related laws and regulations or the formation of unit labor system, or the fact that labor contracts and labor relations rights and obligations of the dispute occurred. Labor dispute in the dispute settlement mechanism, will inevitably involve the question of burden of proof. China's existing laws will be incorporated into the labor dispute the scope of application of the Code of Civil Procedure, and labor relations in addition to a general civil law relations with equality, but also with its unique membership, and personal characteristics, etc.. In labor relations, the employer is a party managers, party workers were managers, the status between the two is unequal in the ability of proof there was a marked difference. In China, labor disputes on the allocation of the burden of proof in a more general provisions, the practice is not conducive to the specific operation. Labor dispute in arbitration or litigation the burden of proof for a more detailed breakdown and science will help in the burden of proof on the theory of sound at the same time, better fair and just settlement of labor disputes.
In this paper to discuss labor relations, labor law that is subject to adjustment of labor relations, should be a specific, narrow sense of labor relations. Labor relations with the will of the state-oriented parties will as the main attributes, both equal and subordinate, and both personal relationships and the nature of property relations. According to different classifications of labor disputes has been divided into individual disputes, collective disputes and controversial groups; the rights and interests of controversial disputes, confirm-type controversy, debate and change the payment type of controversy; confirmed type controversy, dispute payments, change-type controversy.
Appear in the case of authorities are faced with the question of how to allocate the burden of proof. The distribution of the burden of proof issue, have a different theory. More representative of the legal elements of classification that the probability that the risk of the area said. China's civil law to take the main elements of the theory of classification of that burden of proof allocation. The burden of proof for the labor dispute provisions scattered "Labor Dispute Mediation Arbitration Law," "evidence," which, as well as administrative regulations, judicial interpretations, the most clearly defined than the "rules of evidence" in Article VI, the provisions of the six working burden of proof in dispute, but the provisions are too broad and narrow. In general, the burden of proof on the system of labor dispute, the existence of the following shortcomings:
(A) labor dispute cases to prove the lack of clear responsibility for the guidance of the Theory of Distribution
(B) the judicial interpretation of the labor dispute to determine the allocation of responsibilities to prove the scope of litigation is too narrow
(C) by judicial interpretation to determine the allocation of the burden of proof does not meet the legal requirements that the classification
(D) "rules of evidence" burden of proof of labor disputes in the allocation of the burden of proof is not in line with the general provisions
Labor dispute on the allocation of burden of proof, to make different scholars have discussed the matter. Some scholars believe that the labor dispute will be removed from office in accordance with the disputes, the treatment of disputes, the management of labor contract disputes and the allocation of burden of proof disputes; Some legal scholars believe that labor relations in view of the status of the substance of the two sides of inequality, in order to effectively protect the workers, should be fully implemented The burden of proof.
I believe that the labor dispute on the allocation of burden of proof, it can not be separated from the labor is
Labor dispute in arbitration or litigation the burden of proof for a more detailed and scientific division has proved beneficial to duty in the theory of sound at the same time, better fair and just settlement of labor disputes. In this paper to discuss labor relations, labor law that is subject to adjust labor relations, should be a specific, narrow sense of labor relations. Labor relations with the country led by the will of the parties as the main body of the will of property, both equal and subordinate to, and both personal relationships and the nature of property relations.
Labor dispute means between employers and employees, based on labor contracts, employment-related laws and regulations or the formation of unit labor system of labor contracts or labor relations and the fact that the rights and obligations of the dispute happened. Labor dispute at the dispute settlement mechanism, will inevitably involve the question of burden of proof.
China's existing laws will be incorporated into the labor dispute the scope of application of the Code of Civil Procedure, and labor relations in addition to a general civil law relations with equality, but also with its unique membership, and personal characteristics, etc.. In labor relations, the employer is a party managers, party workers were managers, the status between the two is unequal in ability on the burden of proof also has significant differences. In China, labor disputes on the allocation of the burden of proof provisions of a more general problem, the practice is not conducive to the specific operation.
This resulted in the burden of difficult side of workers. The author believes that right is presumed to apply the system, can help to improve this situation.
I believe that the labor dispute on the allocation of burden of proof, it can not be separated from the substantive law of labor to carry out research, working entities in accordance with laws and regulations to carry out the distribution of burden of proof. At the same time, labor disputes for the distribution of burden of proof, we must consider the distribution of our country about the inherent burden of proof theory, can not be completely mature now set aside the duty to prove the theory of blind pursuit of alternative distribution. Labor dispute in the distribution of the burden of proof should be focused on several aspects to consider are as follows: 1.
Classification of legal requirements to prove that for the distribution of the basic principles of duty 2. Adhere to the equal protection of the legitimate rights and interests of the parties in principle 3.
The burden of proof for the labor dispute provisions scattered "Labor Dispute Mediation Arbitration Law," "evidence," which, as well as administrative regulations, judicial interpretations, the most clearly defined than the "rules of evidence" in Article VI, the provisions of the six working duty to prove controversial, but the provisions are too broad and narrow.
According to different classifications of labor disputes has been divided into individual disputes, collective disputes and controversial groups; the rights and interests of controversial disputes, confirm-type controversy, debate and change the payment type of controversy; confirmed type controversy, dispute payments, change-type controversy. Authorities appear in both cases are faced with the question of how to allocate the burden of proof. Distribution in the burden of proof on the question, have a different theory. There is a more representative classification of legal requirements that the probability that the area of said dangerous. Our country in civil law to take up the main elements of the theory of classification of distribution, said the burden of proof.
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