The Research Of Difficulties Of Presenting Evidence In The Lawsuit Of Divorce Damage Compensation

The implementation of the system of divorce damage compensation has improved the remedy system of marital law in our country.However,to collect relevant proof of the damage is really difficult in the judicial practice and thus the victim’s claim for compensations for divorce damages cannot be supported.This paper chooses three typical cases of divorce dispute between Sun Mou and Sun Mou,Chen and He Moujia,and Yimou and Wang Moujia and sums up the focus of controversy in these three cases and explores the related problems of proof of divorce damages.According to various sample survey summaries,it shows that the reality of divorce damages compensation in the judicial practice is really worrisome and claims for compensation are hard to be supported.Through theoretical and practical analysis,we can find that the difficulty to present proof of divorce damages is the main reason which leads to the failure of the claims for compensations of innocent party in a marriage.There are three reasons which result to the difficulty of providing relevant poof:Firstly,the evidence itself is obscure and thus hard to obtain and collect.Both parties to some extent deliberately conceal some important evidence in their private relationship and the demand of using civil evidence of high degree of rigidity in divorce cases is genuinely impracticable.Secondly,the burden of proof is unreasonable for it is extremely difficult to collect the veiled information and evidence for no-fault party.Thirdly,it is lacking of legal basis in our legal system to support no-fault party for their various ways to collect evidence,such as the victim commissioned private detective evidence which is often hardly adopted by the court due to its illegality.Difficult to prove in divorce damage compensation litigation objectively reduces the illegal party’s illegal costs,undermines the stability of marital relations,violates legal fairness and justice,destroys judicial authority and disrupts the social order.The author of present thesis makes some references from the civil litigation evidence system in foreign countries for the legal system in our country,such as the foreign evidence system and the private detective evidence collection system which have played an important role in the proof of divorce damages in foreign countries,to effectively guarantee the interests of the victims in the marriage relationship and realize the social fairness.The author puts forward some suggestions on perfecting the divorce damages in the judicial practice:Firstly,it is vital to lower two kinds of legal fault proof standards for the spouse living with a third party and domestic violence.Secondly,we need to refine the rules of evidence testing and broaden the ways to collect evidence by providing assistance to obtain evidence from public right.What’s more,we can admit the legality of private detective evidence by following the foreign evidence disclosure system.Thirdly,the application of the burden of proof inversion can be considered so that the burden of proof will be reasonable.