Report Of Divorce Damage Compensation Case In County J In Hubei Province

Our country is in a stage of social transformation, the contradiction between material and economy development, social and cultural development is increasingly intense. The traditional concept of marriage is under tremendous impact, "extramarital affair", domestic violence and other incentives are likely to lead to divorce between husband and wife. In order to maintain social stability and protect the legitimate interests of the innocent spouse, the country has established a system of divorce damage compensation.The author has learned that although the county's economic development among the counties of the same size in the country is in the lower level, the divorce proceedings are active, and are involved in a considerable amount of divorce cases for damage compensation through internship opportunities, and consulting files, participating in the trial, implementing and many other ways in the People's Court in J county. J county which is located in Hubei province, is a populous county with the main economic development of agriculture. There is a great population turnover rate with many migrant workers, which is bound to affect people's marriage and family life. Take it for the survey respondent, it has representativeness for the study of grassroots rural divorce cases in the current economic environment. In this article, the author made an investigation focusing on divorce cases which had been heard in J county from 2008 to 2010. Moreover, the author paid more attention to the demands that parties filed for divorce damage compensation, the problems during the trial in the court and in the implementation of legislation and law enforcement, analyzed the causes, and proposed solutions and suggestions.The Second Chamber of the People's Court in J county has concluded 781 divorce cases from 2008 to 2010, which involved 83 divorce damage compensation cases, accounting for 13.19% of divorce cases. The divorce cases were respectively 25, 31 and 27 pieces during the three years. The characteristics of damage compensation cases are as follows: The majority of plaintiffs were women at a low marriage age, the causes of action are diverse, the amount of moral damages is relatively small, and the compensation support is low. In judicial practice, the cases of divorce damage compensation have the problems of the difficulties of proof, the fuzzy standard of adjudicating compensation, emphasis on mediation and less attention to sentences; in legislation, the cases of divorce damage compensation have the issues of a narrower scope, narrows cope of subject, too strict burden of proof. By analyzing the causes or deficiencies, the author has put forward some suggestions to improve the institution of divorce damage compensation from legislation and practice. In the legislation, the scope of divorce damage compensation is expanded by the approaches of enumeration and generalization. Subject of rights and responsibilities of divorce damage compensation are increased to expand the scope of the subject. The burden of proof is inverted and the legitimacy of the private evidence of innocent party is confirmed to relax the burden of proof. In trial practice, the plaintiff is protected by tilting obtaining evidence from other places, the judgment standard of the amount of compensation is clarified, the existing judicial resources are allocated rationally. The standard of the system of divorce damage compensation in the application of the mediation instead of judgment is opposed to better protect the innocent spouse's legal rights.