The Research Of Complaint For Divorce Damages

Complaint for divorce damages based system of divorce damages marriage amendment in 2001 established, the system runs more than ten years, the marriage did maintain the legitimate rights and interests of the innocent party, sanctions the innocent party. Can be said that divorce damages the system to some extent reflects the purpose of setting the system.However, in judicial practice, the system has been repeatedly embarrassed, there has been a series of problems, so that some scholars advocate the abolition of divorce damage compensation system to replace the new system. Why do people look forward to the high cost of the system, many experts in the litigation effort, "doing nothing ", this is a very interesting research topic.System of compensation for the real face of divorce, for divorce, the action of damages healthy functioning, this focus on substantive and procedural law, combined with the core foundation of civil law theory focuses on the divorce complaint for damages for analysis. Start from the details in the substantive law and procedural law to explore the interaction of Compensation for Damages against divorce as it is. After a technical consideration, by improving the compensation in divorce complaint a number of recommendations to be useful for its healthy functioning.Besides the introduction, there are four full part, as follows:The first part is an overview of Compensation for Damages against divorce. First introduced the divorce complaint compensation for damages based on the substantive law - divorce damages the system, explained the meaning of the system, the legal characteristics, functions, components; Second, from the procedural point of view of Compensation for Damages against divorce characteristics Damage from the two levels of appeal of divorce have a deep understanding; Finally, reality, show compensation in divorce three major challenges facing complaints that the appeal of the challenges, the parties determine the challenges and the challenges of evidenceThe second part is compensation in divorce complaint complaint's basic theory. After some investigation first obtained compensation in divorce complaint is the action of an independent conclusions; Second, a combination of different subject matter of litigation theory analysis of its subject matter of litigation; Finally, we discuss its relationship with the divorce complaint, and thus divorce Damages have a clear grasp of the complaint. The third part of the complaint for divorce damages the legitimate parties to the problem. First of divorce, the rights of Compensation for Damages against the main body, and arguably the right of the no-fault "no fault " was discussed, and whether the subject of rights, including other family members started the argument. Second, compensation in divorce complaint to define the obligations of the principal, the principal will determine the academic obligations of the different views were summarized, and ultimately defined the subject of rights and obligations of the Confirmation of the results.The fourth part is the action of divorce, the evidence of damages issue. Focuses on the difficult problem of proof. First of all types of cases presented under the difficult situation of proof, general damages of divorce cases in terms of the characteristics of hard evidence; Second, from the case itself, the parties themselves, legal aspects, social aspects of analysis of the four reasons for the difficulty of proof; concludes Difficult Situation of a number of mitigation evidence, and should focus on the implementation of divorce cases in the burden of proof was reversed discrimination.