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The investigation that how makes labor dispute case obtains evidence?
From;    Author:Stand originally
(one) the concept that investigation obtains evidence and requirement. 1. Investigation obtains evidence is the appeal that is aimed at appeal person and the certain doubtful point of the in rejoining existence of person be appealinged to, search to concerned unit, insider understands a situation or collect a kind of arbitral activity of evidence. 2. To handle labor dispute case correctly, obtain evidence in investigation in, must object subjective sex, one-sided sex, surface sex, cannot first impressions are strongest or add any ab extra component. When gathering evidence, face of demand perfection wanting power, objective. (2) evidential meaning and sort. 1. Our country law sets: "Proof case is real all facts of the circumstance, it is evidence. "Labor dispute arbitrates evidence has 3 features: (1) evidential objectivity. Labor dispute arbitrates evidence is the fact that exists objectively. (2) associated sex of evidence. Labor dispute arbitrates evidence is with fact of contact of details of a case. (3) lawful sex of evidence. Labor dispute is arbitral evidential collection, must be lawful. 2. Evidential sort. (1) ① of theoretic classified     arbitrates according to labor dispute evidential place origin can be divided for primitive evidence and derive evidence. A. Primitive evidence, it is to show evidential itself is in by originate case fact. Have a plenty of the component of case fact; Although some is not the component of case fact, but contact the " that says normally namely somewhat directly to the happening of case fact first-hand material " . B. Derive evidence, it is the evidence that comes out from the derive in primitive evidence, namely evidence is not to come to what from " first-hand material " passes flounder of the link intermediate to must come however directly. ② arbitrates by labor dispute evidence and the relation between the fact that treat disease, can divide for direct evidence and indirect evidence. A. Direct evidence, it is to show case of can direct proof is main factual evidence. B. Indirect evidence, it is to point to cannot prove the case is main alone directly fact, and must combine ability to prove the case is main with other evidence factual evidence. (2) jural classification. ① book card: Always use a written language, the symbol conveys the person's idea on the object, one when its content can prove to need card fact or all, call book card. ② material evidence: A of the proof case fact such as the outside figure that always uses article, feature, quality or call material evidence entirely. Data of ③ seeing and hearing: Magnetic tape reflects the figure that give or prove the evidence of certain fact with the data that the computer stores. ④ witness testimony: Not be this case the join a person and knows this case concerned condition of arbitral activity, should arbitrate mechanism informs front courtyard of the person of attest, call a witness, the witness is stated to what labor dispute arbitrates mechanism place is made, call the witness' attestation. ⑤ party is stated, it is to show party is in what arbitrate to labor dispute mechanism place is made in arbitral activity about the case of true condition narrate. ⑥ appraisal conclusion, appraiser is right the problem of place appraisal, use oneself professional knowledge, according to the factual material of the case, make science accord with concrete analysis, offer the opinion of conclusion sex, call appraisal conclusion. ⑦ survey produce the expected result notes: Labor dispute arbitrates mechanism handles a case personnel to find out certain fact, undertake to the spot that concerns with the case or article perambulate examines personally, perhaps appoint concerned personnel to take a picture, measure call survey produce the expected result, to survey test case and result, should make note. (3) evidence is collected. The basic method that labor dispute arbitrates mechanism gathers evidence is investigation and study, investigation method has roughly the following 7 kinds: 1. Visit, have an informal discussion, have a talk, make note. 2. Duplicate, excerption data. 3. Take a picture. 4. Recording. 5. Appraisal. 6. Survey produce the expected result. 7. Experiment. (4) the method that analyses judgement evidence. The analysis judges specific measure of evidence, combinative labor dispute arbitrates business can generalize for: Discriminate, quite, integrated, accept or reject. 1. Discriminate: It is pair of collection evidence, ground of one by one undertakes individual examine, discern its are true bogus and the method that decide its prove power. 2. Quite: Be be opposite two or two above have the evidence that can compare a gender to try to discern. Distinguish similarities and differences, discovery is contradictory, and the method that proves power certainly. 3. Integrated: It is integration analysis. 4. Accept or reject: Arbitrate personnel undertakes comprehensive integration analysis to entire case proof namely, after the radical view that forms pair of this tables, single out the evidential platoon that supports him point of view will try to organize, the evidence that rises according to the organization again examines formation point of view whether correct, evidence is sufficient.

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