Research On The System Perfection Of The Burden Of Proof In Litigation Damages Litigation

Although the divorce damage compensation system is clearly stipulated in the Marriage Law of China,the opinion of the spouse without fault is not supported in most cases according to the cases in the Judicial Document Network.The main reason is that there are many defects in the proof design of the divorce damage compensation system in China.This article mainly studies the perfection of the burden of proof system in divorce damage compensation litigation.Firstly,this paper summarizes the burden of proof in divorce damages litigation;secondly,through the analysis of typical cases in Tianjin,this paper lists the current divorce damages litigation burden of proof.Thirdly,this paper introduces and draws lessons from the burden of proof system of foreign divorce damages litigation.The civil law system mainly takes Germany and Japan as examples,and the common law system mainly takes the United States and Britain as examples.Finally,this paper analyzes the principles that should be followed in perfecting the burden of proof in divorce damages litigation in China,and puts forward three specific measures to reduce the standard of proof of the party without fault in the compensation for marital damages.