法律英语在线翻译
劳动争议是指用人单位与劳动者之间，基于劳动合同、相关法律法规或用人单位劳动制度形成的劳动合同关系或事实劳动关系而发生的权利义务争议。在劳动争议的纠纷解决机制中，都不可避免的涉及到证明责任的问题。我国现行法律将劳动争议纳入民事诉讼法的适用范围，而劳动关系除具有一般民事法律关系所具有的平等性外，还具有其特有的隶属性、人身性等特点。在劳动关系中，用人单位一方是管理者，劳动者一方是被管理者，两者之间的地位是不平等的，在举证能力上也有明显的差别。而我国对劳动争议的举证责任分配问题规定得较为笼统，不利于具体的实务操作。在劳动争议仲裁或诉讼中对举证责任进行更为详细与科学划分，有利于在对证明责任理论进行完善的同时，更好公平、公正的解决劳动争议。
本文所要讨论的劳动关系，即受劳动法调整的劳动关系，应当是一种具体的、狭义的劳动关系。劳动关系具有国家意志为主导、当事人意志为主体的属性、兼具平等性和隶属性、兼具人身关系和财产关系的性质。按照不同的分类方法，劳动争议分为了个别争议、群体争议与集体争议；权利争议与利益争议、确认型争议、给付性争议与变更型争议；确认型争议、给付性争议、变更型争议。
裁判机关在案件审理中都面临着证明责任如何分配问题。在证明责任分配的问题上，有着不同的学说。较为有代表性的有法律要件分类说、盖然性说、危险领域说。我国在民事诉讼上主要采取法律要件分类说的理论分配证明责任。而针对劳动争议证明责任的规定，散见于《劳动争议调解仲裁法》、《证据规定》、司法解释以及行政法规中，最为明确的规定莫过于是《证据规则》第六条，规定了六种劳动争议的证明责任，但是该规定却显得过于笼统与狭窄。总的来说，关于劳动争议证明责任制度，存在如下缺陷：
（一）劳动争议案件缺乏明确的证明责任分配理论的指导
（二）司法解释所确定的劳动争议诉讼证明责任分配范围过于狭窄
（三）司法解释所确定的举证责任分配不符合法律要件分类说
（四）《证据规则》中劳动争议举证责任的分配不符合举证责任倒置的一般规定
关于劳动争议证明责任的分配，学者们做出了不同的论述。有的学者认为，将劳动争议按照去职纠纷、待遇纠纷、管理纠纷与劳动合同纠纷分配证明责任；有的学者认为鉴于劳动法律关系中双方地位的实质不平等，为了有效保护劳动者，应当实行完全的举证责任倒置。
笔者认为，对劳动争议证明责任的分配，就离不开对劳动实体法进行考证，根据劳动实体法律规范进行证明责任的分配。同时，对于劳动争议证明责任的分配，必须考虑我国关于证明责任分配的固有理论，不能完全抛开现在已经逐渐成熟的证明责任的分配理论盲目追求另辟蹊径。在劳动争议证明责任的分配中，应着重考虑如下几方面：
1.以法律要件分类说为证明责任分配之基础原则
2.坚持平等保护双方当事人的合法权益原则
3.应在立法中全面明确劳动争议证明责任的分配原则与制度
至于劳动争议证明责任分配的具体规则，笔者借用民事诉讼法中对诉的分类的理论，拟将劳动争议的上述种类与民事诉讼理论中对诉的分类相结合分为确认型劳动争议（确认之诉）、给付型劳动争议（给付之诉）与变更型劳动争议（变更之诉），分别论述其证明责任的分配。
在对劳动争议证明责任进行分配了以后，劳动者依然存在举证能力弱的问题。用人单位一方在仲裁和诉讼中有可能对所掌握的证据材料故意不提供、或者对劳动者所主张的事实表示“不知道”、“不记得”，或是对用人单位不利的事实做上述陈述。这都造成了劳动者一方的举证困难。笔者认为，推定制度的正确适用，可有助于这一状况的改善。
不要在线翻译，望高人帮助。
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。
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。
温馨提示：内容为网友见解，仅供参考
第1个回答 2009-04-18
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
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
第2个回答 2009-04-08
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.
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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