The Legal Remedies For The Burden Of Proof On Mutual Property Of The Spouses

In divorce proceedings, the premise of division of joint estate of a couple is to determine the scope of joint estate of a couple. The weak side of a couple do not know the scope of joint estate of a couple, as common owners, requests to the administrative department to assist the investigation and evidence collection way,which is also easily impeded. Aimed at difficulties of proof, our law provides the following legal relief: firstly, Marriage Law provides the system guarantee, but because of the rules is more general, its operability isn’t reflected in a good way;secondly, the court’s assistance of the investigation and evidence collection, due to the pressure of the heavy cases, doesn’t achieve the ideal effect. In order to solve the difficulties of proof of joint estate of a couple, many years ago, China’s court has trial divorce property declaration system and the civil evidence investigation system, local regulations in cities also have clear common property right to query, but since there is no legislation supporting and perfect system, implementation often encounters an embarrassed situation in practice.This article attempts to analyze the present situation of marital property proof difficulty in China, and the problems in the legal relief, and through learning from related foreign institutions and local judicial experience in our country, and put forward advices to perfect legal relief for marital property proof difficulty in our country. The structure of this paper is divided into three parts.The first part introduces the present situation of marital property proof difficulty,and legal relief actuality, the second part analyzes the present situation of marital property proof difficulty, and the problems in the legal relief, and summarized the harmfulness of insufficient legal relief. The third part uses comparison method to blend Chinese relevant practical experience, foreign experience into the scope of analysis, so as to find a perfected suggestion suitable for China’s national conditions.