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Some points in alternate proof and prevailing proof.
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Summary:

The 2015 Laobr Law Annual Meeting of Guang Dong Lawyer's Association was held in Airland Hotel in Da Meisha Shenzhen. More than 300 lawyers, judges and arbitrators met together, sharing their research on subject of labor law issues, by speach and discussion. 


Mr. Wang Dong, the director of Royal Law Firm made a speech "Alternate proof and prevailing proof", representing Shenzhen Lawyer's Association. Mr. Wang sumarized his experience as labor arbitrator and his acdemic research , raised creative opinions in proof rules and was praised by the meeting participants.   

 

In labor arbitration practice and according to the new civil procedure law,  labor arbitration committee and court are more and more using the rule of alternate proof to persue truth and justice. An arbitrator or judge need to understand in what condition and how to apply alternate proof rules. It is also very important to understand when to apply the rule "Failure on providing proof result in loss of the case " and when to apply the rule "to prove a fact base on prevailing proof". There is a creative comment  "Fact determination shall vary from that the fact has two  or more posibilities. It shall be deemed as a negotiable termination when  both parties are not able to prove their opinion on termination reason. The practice made by Guang Dong labor practice is  a improvement to the Supereme Court Interpretation on proof rule clause 73 "  in the article.




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