The Research On Divorce Damage Compensation

In 2001, the newly revised<marriage> for the first time the new system of divorce damage compensation system, thus, divorce damages on our legislative system has been established. In order to clarify divorce damages regime applicable conditions, the Supreme Court on December 24,2001 promulgated the <Marriage> interpretation (a), in which the relevant provisions relating to divorce damages system. However, the <marriage> and <marriage> to explain (a) of the provisions of the relevant provisions of divorce damage compensation system does not play its due role in judicial practice, revealing more and more problems, eventually leading to no fault of the spouses equity at the time of divorce can not be guaranteed.In this paper, the author takes the case that Cheng filed a lawsuit of Divorce Damages against Li, and makes a analysis on the basis of our country’s divorce damage compensation legislation and judicial practice, and identifies that Li shall bear the burden of proof and the divorce damage compensation.This paper is divided into the following three parts, Part Ⅰ:make a introduction of the case and the focus of controversy. Firstly,Put forward the courts make different decision in the process of case between the court of first instance and the court of second instance.This case has two disputed points.firstly,in this case the parties how to distribute the burden of proof.secondly,whether Li should bear the divorce damage compensation liability; Part Ⅱ:make a specific analysis of the focus on the dispute. The author analyzes the disputed point of the case, combining with the theory of Civil Law and Evidence.and finally Put forward author’s views on the case and make a analysis on the court ruling legitimacy and rationality of the court of first instance and second instance; Part Ⅲ:Thinking from the case. We should pay attention to some of the problems found in divorce damage compensation cases and put forward some suggestions on the processing of such cases according to the current judicial practice in China.