Divorce Case Evidence Rule

In recent years, with the development of marriage concept and economic and social updating, China’s divorce rate increased significantly. When husband and wife could not reach a divorce agreement, divorce proceedings through the judicial process has become most people’s only alternative. Stability considerations based on marriage, family and social relations, the Court finds that the evidence on the basis of maximizing the reduction of the marriage relationship as a major objective referee points to the fact that the divorce proceedings. However, in the legal level, due to legislation restricting the concept of evidence, the judge’s judicial capacity and other factors, there are no unified rules of evidence found, say rationality is not strong authentication, certification is not timely, open defects such as divorce proceedings, resulting in a divorce case in judicial practice "codefendant different sentence", etc. occurs, affecting the authority of the law and stability of social and family relations.After the amendment of Code of Civil Procedure and it’s interpretation, the original rules of civil evidence identified some adjustments and perfect, but because it is a civil legal norms universal, global, yet no less ground to make up for lack of a good divorce proceedings, divorce proceedings and other aspects of the evidence found in the rules of evidence identified needs further improvement. We must first identify the concept of evidence in divorce cases to improve the system, changing the concept of evidence legislation to expand the scope of the evidence found, the correction mode and standard identification evidence; secondly To identify the specific rules of evidence in divorce cases were perfect, rational use of circumstantial evidence and heard the evidence, the difference between the use of the exclusionary rule, enhanced electronic evidence, witness testimony and other evidence used; in addition to the judicial capacity needed to prove the ability of the parties and judges were increased.