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在审理劳动争议案件时,《民事诉讼法》“谁主张,谁举证”的原则已不能完全适用。根据客观现实和劳动争议案件举证特点,从维护劳动者合法权益的原则出发,采用举证责任倒置方法,由作为被告的用人单位承担举证责任,由其证明其行为的合法性,当其无法证实时,由其承担败诉的后果,从而使劳动者在诉讼过程中处于相对有利的地位,使其合法权益得以有效维护。从审判实践看,建立劳动争议案件举证责任倒置有理论和法律依据,而且在审判实
In the trial of labor dispute cases, the principle of “Civil Procedure Law” “who advocates, who evidence” can not fully apply. According to the objective evidence and the features of evidence provoking in labor dispute cases, from the principle of safeguarding the legitimate rights and interests of laborers, we should adopt the method of reversing the burden of proof by assuming the burden of proof on the part of the employer as the defendant, proving the legitimacy of the act, , Which shall bear the consequences of losing the lawsuit so that the laborer will be in a relatively favorable position during the lawsuit and the legitimate rights and interests of the laborer will be effectively protected. Judging from the practice of trial, there is a theoretical and legal basis for upside down the burden of proof in establishing a labor dispute case,