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a six ten day old man working on the site of a migrant worker, but he asked three of the judges "inversion of evidence" to help him to dispose of the nine levels of disability by the public
drawing / Zhang Panfeng work. In order to discuss a statement, the old man in Changqing, more than sixty years, appealed to a construction company to the court of Huaiyin. However, at the scene of the court, he asked the judge to ask, but he did not know three. Fortunately, the presiding judge skillfully put forth a clever move, which eventually helped the old man recover justice. Lao Han, a more than 60 year old farmer in a town of Changqing District, was a more than 60 year old farmer in a town of Changqing district. After the Spring Festival in 2011, he was in a period of leisure time. In order to increase the income of the family, he and a dozen people of the same village went to the construction site of a section of the Ji'nan West Railway Station of Beijing Shanghai high speed railway. The money did not make a lot of money, but he was in an accident.
more than a month after the work on the site, in March 22, 2011, Zhao Lao Han posted a Dali stone board on a shelf 4 meters high from the ground. The workers sent him to a hospital in Ji'nan for treatment. The hospital was diagnosed as multiple fracture injuries caused by head and chest trauma, and the post professional medical identification organization was identified as nine grade disability.
in June 2013, Zhao Lao Han brought the construction unit of the construction unit of Hubei to the court of Huaiyin, which required the company to pay 130 thousand yuan for medical expenses, misunderstanding, nursing, and disability compensation.
the plaintiff asked three of the accused's death and did not admit to the first public opening, and the plaintiff's statement made Ding Zhe, the chief trial judge of many years of trial experience, too worried. After the injury was raised, Zhao Lao Han found a local lawyer's office to advise him. But who is it to tell? Zhao Lao Han Mongol. The old man is a man who works only with the head, and the labor contract is never known to be signed. In the end, who hired him, the name of the man, where the construction unit is, and not even the detailed address of the project.
to find clues, he led the lawyer to find the construction site with memory, luckily found the "project profile" set up in the construction site. It said that the subcontractor unit was a construction group company in Hubei, which took a construction group in Hubei to the court of Huaiyin. Under such circumstances, the plaintiff can not get any favorable evidence to safeguard his rights.
the defendant, a construction company, refused to admit that he had hired Zhao Lao Han. Under the repeated questioning of judge Ding, it was only reluctantly acknowledged that the project had been contracted on the Ji'nan West Passenger Station of Beijing Shanghai high speed railway, but it refused to say which projects were the construction of its units.
plaintiff asks three, but the defendant does not recognize it. How can the case be heard? The audience and the chief judge felt that the case had entered a stalemate.
the judge made a clever move to help the old man to seek justice. The content of the sixth article of the Supreme People's court "Several Provisions on evidence of civil litigation" is to tilt the burden of proof to the workers in the trial of labor disputes, and stipulate the system of inversion of proof and the burden of proof by the employer. The seventh article: in the absence of specific provisions in the law, in accordance with the provisions and other judicial interpretations can not determine the burden of proof, the people's court may bear the burden of proof, according to the principle of fairness and the principle of integrity, and the ability of the parties to prove the ability of proof. "Zhao Lao Han is a more than 60 year old farmer. He is not aware of a few, and has no consciousness of collecting evidence. It is obviously in a weak point in the ability to raise evidence, which is in line with the application of the system of inversion of proof." Judge Ding Zhe told reporters.
later, Ding judge issued the letter of proof to a construction group company of the defendant in Hubei in accordance with the law, and informed the defendant that within seven days from the date of receipt of the notice, the defendant submitted its contract to the Ji'nan Shanghai railway station in Ji'nan, Beijing Shanghai high speed railway, and the fact that there was an illegal subcontract. The legal consequences of the failure of the certificate.
after receiving the notice, the defendant took a 180 degree turn, not only submitted the relevant engineering contract, but also offered to agree to conciliation. After a consultation, the two sides finally reached a compensation agreement, and the defendant agreed to compensate the plaintiff Zhao Lao Han for a total of 100 thousand yuan. Correspondents Yang Yang A Zhe reporter Cui Yanhong related link upside down system inversion of burden of proof, refers to the legal provision, usually in the case of a party (usually the plaintiff) to raise the burden of proof, due to a certain cause (usually the law or the court). In practice, the other party (generally the defendant) assumes the burden of proof on the existence or non existence of a certain fact. If the party can not prove it, it is presumed that the fact of the plaintiff is to establish a system of distribution of the burden of proof. In the general rule of evidence, "who advocates the proof" is the general principle of the distribution of the burden of proof, while the inversion of the burden of proof is an exception to this principle.