劳动争议案件的证据审查与判断

The Proof Investigation and Judgment for Working Dispute Cases

在劳动争议案件中,劳动者收集、保存证据的能力明显不足。基层人民法院在审查与判断时,必须考虑劳动关系的特殊性,坚持司法能动性理念,发挥审判权的能动性,认真审查证据属性,合理分配举证责任,如此劳动争议案件裁判才能达到"两个效果"的统一。

The worker is lack of ability to collect and preserve the proof in the working dispute cases. The grass - root court must consider the special characteristic of working relationship, insist the principle of initiative, play the role of initiative judgment, investigate the proof＇s attribute seriously, and allot the responsibilities of proving reasonably when the grass root court investigates and judges. If so, we can achieve the unification of two effects in the process of dealing with working dispute cases.