Divorce Damage Compensation Action Evidence Rules

"People’s Republic of China Marriage Law" Article 46 provides for divorce damage compensation system, the innocent party may request the cohabitation party liable for damages. This system not only for the innocent party compensation for damages, but also for families infidelity to punish the innocent party, as this provision, the "husband and wife should be faithful to each other," the obligation rise to a legal liability. Divorce damages system is an important system adhering to the basic principles of Marriage Act, which embodies maintain the stability of marriage and family relations and to protect the legitimate rights and interests of women and children, for the marriage of values to guide citizens, advocating socialist morality is important. However, 2001 years of divorce damage compensation system in the protection of the rights and interests of the no-fault party is as a rare, applicable probability is very low.In accordance with Article 64 of the "Civil Law", the innocent party claims for damages at the same time, deal with each other’s wrongdoing, the damage suffered by the facts themselves bear the burden of proof, and the situation of judicial practice, the injured party must cite other wrongs he suffered damage, such as the fact that the evidence is very difficult, resulting in no real divorce damages system implementation in judicial practice, in other words, the judicial practice of "extra-marital cohabitation" facts prove damages be determined to divorce bottlenecks. The reasons for this are multiple realities. In addition to the parties is difficult to obtain appropriate evidence, the judge found for the standard of proof of such facts and understanding of the problem of illegal evidence exclusion different important factors. This requires an action for damages for divorce in gathering evidence about the extra-marital cohabitation, in-depth study of the use, the burden of proof, certification and other issues. Based on the combined experience of extraterritorial legislation, in view of the divorce proceedings for damages related to the use of extra-marital cohabitation evidence and certification issues were certain depth of research, and improve the relevant rules of evidence put forward a number of recommendations to the real effective protection Divorce proceedings for damages without fault party interests.Article is divided into three parts, the first part of the analysis of the characteristics of the divorce action for damages in the case of extra-marital cohabitation of evidence, such as evidence of a small number, in order to witness testimony, documentary evidence, the main audio-visual materials, such evidence led to its own particularity too large and difficult to collect. The second part describes the current situation as well as the use of extra-marital cohabitation causes evidence in judicial practice. The third part is for the divorce proceedings proof of damages is difficult, difficult problem of certification, experience outside the legal system in developed countries for reference, for the specific situation of China’s judicial practice made perfect proposal.