Research On The Burden Of Proof In The Lawsuit Of Compensation For Divorce Damage

With the development of economy and society, the outlook on life and values especially the view of family and marriage have been hit by the unprecedented challenge. The most people don't like to divorce but have to no choice, Even more it regret and sigh that like extramarital affairs, and domestic violence have become the main cause of the broken marriage. The marriage law of our country stipulated that the compensation system of the divorce damage to safeguard the legal interest of the no-fault party. However, for the issue of the divorce damages of the burden of proof, according to the regulation of "civil procedure law" in our country, for the no-fault party(also known as the no-fault spouse) bear the burden of proof, and prove their spouses to implement the legal fault behavior. Before the verdict, the parties failed to provide evidence or the enough evidence to prove the facts, the party of the burdened with proof will be responsible for the adverse legal consequences. However, in judicial practice, due to the few sources of evidence, preservation of the bad evidence, limited methods to get the evidence and so on, there are a lot of cases that the party fails to lose a lawsuit. Thus it can be seen that China has no special rules on the distribution of the burden of proof of divorce damage compensation. The rules on the distribution of the burden of proof are not reasonable, and the lack of protection of the innocent spouse, and the rules are too rigid and inflexible.Therefore, this article will be from the following aspects to explore the issue of the divorce damage compensation litigation burden of proof: The first part of the article is the introduction, which briefly introduces the research background, the significance, the methods of research, the research contents and innovations of this paper. The second part write the system of divorce damage compensation and the burden of proof, allocation of the divorce damage compensation and burden of proof, the definition of divorce proceedings in "no fault party", and in the divorce proceedings, the particularity of no fault party on the burden of proof and so on,for these basic concept make a brief overview. The third part uses the comparative analysis of research methods for the distribution of the burden of proof in the civil law system and common law system. The fourth part introduces the current situation, problems and causes of the burden of proof in divorce damage compensation in China; In the end, this article will focus on the burden of proof of China's divorce damages in the lack of specific rules, and the rules are not reasonable, and the inadequate protection of the no-fault party and the rules are rigid and lack of flexibility and so on,for these things it will suggest to improve and solve problems. It will propose to establish the special rules of the burden of proof for the compensation of the damage divorce, it takes advantages of the distribution of burden of proof between civil law system and American law system, on the basis of the original rules, considering the factors such as fairness, policy, and the difficulty of the parties to prove it and so on, these factors of relationship between the parties legitimate rights and interests to distribute the burden of proof. Under the special circumstances,it will apple for the reversion of burden of proof, and the distribution rules of the burden of proof for the divorce damage compensation are drawn up. It hope that in order to constantly relieve and gradually solves the lack of specific rules of distribution of evidential burden, and the lack of flexibility of the existing rules, and the problem of insufficient of no-fault spouse safeguard in the compensation of the divorce damage cases. Final the article come true the compensation system of the divorce damage to punish the wrong side, and to protect the legitimate rights and interests of the party without fault.