In the special litigation of social law,the distribution of the burden of proof affects the justice of the judgment re-sult of the case,and is related to the maintenance of social members'rights and interests and the realization of the legislative purpose of social law.At present,the special procedure of social law has not been established in our country,and the distribution rules of the burden of proof are mainly applied in traditional civil and administrative litigation,which conflicts with the relief of social rights and affects the relief effect.Based on the nature of social law disputes,the distribution of burden of proof in special litigation of social law should be based on the value principles of slanting protection,fairness and efficiency,and through the combination of general rules,inversion of burden of proof and discretion,so as to properly solve social law disputes and realize social fairness and justice.
burden of proofsocial law special proceedingssocial law disputessocial rights