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酸甜苦辣咸丫头

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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.

显失公平法律英语

180 评论(14)

南宫style

问题一:法律法规 英语怎么说 law: 普通用词,泛指由最高当局所制订、立法机构所通过的任何成文或不成文的法规或条例。 constitution: 指治理国家或国家在处理内外政务时所遵循的基本法律和原则;也指规章规则的汇集。 regulation: 普通用词,指用于管理、指导或控制某系统或组织的规则、规定或原则等。 code: 指某一阶层或社会所遵守的一整套法典、法规或法则;也可指与某一特殊活动或主题有关的规则。 rule: 通常指机关、团体的规章、条例或比赛规则;也指对人行为、方法等所作的规定,还可指习俗所承认的规定。 act: 指经立法机构通过并由行政管理签署的法案。 问题二:制定法律,用英语怎么说 make law 制定法律 问题三:根据应该适用的法律英文怎么写 根据应该适用的法律 [词典] According to applicable law 英 [??plik?bl] 美 [??pl?k?b?l, ??pl?k?-] adj. 适当的; 可应用的; 问题四:法律规定的英语翻译 法律规定用英语怎么说 答案: improve relevant laws and regulations 例句: 中国将保持外资政策的连续性和稳定性,完善相关法律法规,为外商创造良好的投资环境。 China will maintain the continuity and stability of its FDI policy, improve relevant laws and regulations and create a sound investment climate for foreign businesses 问题五:制定和实施相关法律 英语怎么说 Formulation and implementation related law 问题六:我是法律专业英语怎么说 I am the legal profession 问题七:法律人 用英语怎么说 Legal person 法律人 网络释义 Jurist 台湾民法专家王择鉴是这定义法律人的:作为法律人(Jurist)应具备的三种能力:一为法律智识,即明了现行法制的体系、基本法律的内容、各种权利义务关系,及救济程序。 基于7个网页-相关网页 Juristen ...于无缴纳 意愿之当事人强力督促其缴纳 罚锾之强制手段;然而本法之 此等见解,却明显悖离了国民 的法律感情与法律人(Juristen) 之理性思考。 基于5个网页-相关网页 Law man 而法官是法律人(Law man),未必是经济人,于是便可能出现依其公平观补充的合同条款不能带来最佳经济效益。 基于5个网页-相关网页 academic lawyers 法学硕士制度设置的初衷是为福学教育和科研机构培养学术型人才,它所预期的毕业生是学术型法律人(academic lawyers),而非实务型法律人(practicing lawyers)。 基于3个网页-相关网页 短语 实务法律人 practicing lawyers ; practicing lawywes 法律人的法律 lawyer's law 法律人的思维 Thinking of the legal job person 公法法律人 public lawyers 法律人伦理 legal ethics 法律人之治 rule of lawyer 迷失的法律人 The Lost Lawyer 国际法律人委员会 International Commission of Jurists 法律人的基本立场 Legal mind like balance 更多收起网络短语 问题八:颁布,实施法律 英语怎么说 to enact a law, to promulgate a law常颁布法律 to enforce the law 实施法律 问题九:怎么翻译啊!用法律英语……………… “本报告的中英文版本具有同等的法律效力,当中英文版本发生冲突时,以中文版本的释意为最终的解释。” The report's Chinese version shares identical legal effect with its English one, where they give rise to mutual inpatibility, the Chinese version shall be interpreted as conclusive in legal effect. 问题十:法律法规 英语怎么说 law: 普通用词,泛指由最高当局所制订、立法机构所通过的任何成文或不成文的法规或条例。 constitution: 指治理国家或国家在处理内外政务时所遵循的基本法律和原则;也指规章规则的汇集。 regulation: 普通用词,指用于管理、指导或控制某系统或组织的规则、规定或原则等。 code: 指某一阶层或社会所遵守的一整套法典、法规或法则;也可指与某一特殊活动或主题有关的规则。 rule: 通常指机关、团体的规章、条例或比赛规则;也指对人行为、方法等所作的规定,还可指习俗所承认的规定。 act: 指经立法机构通过并由行政管理签署的法案。

254 评论(11)

秋风泡泡

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

159 评论(10)

乐趣小鱼

根据布莱克法律词典, cestui que vie是法文,愿意是he or she who, 意思是:The person whose life measures the duration of a trust, gift, estate, or insurance contract.即,在保险,信托,赠与等合同中,以自己生命的期限作为这些合同的存在期限的人(如某人寿保险合同以A的生命为合同期限,则A为cestui que vie).现在又发展出一个意思,是人身保险合同中的被保险人。contra proferentum是拉丁文,原意为against the offeror,是“不利于提供者原则”,用于书面文件的解释,意为文件中的模棱两可之处应做最不利于文件起草者或文件提供者的解释。

122 评论(9)

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