离婚诉讼“举证难”问题探析——以无过错女性为视角

On the "Difficulty to Prove" in Divorcement Litigation

无过错女性在离婚损害赔偿诉讼中处于弱势地位,由于案件性质以及立法规定不完善等原因,导致了无过错女性在离婚损害赔偿诉讼中举证困难。破解无过错女性"举证难"之问题,除了加强法制宣传教育,提高其法律意识和自我保护能力,以及在该类案件中采用"高度盖然性"的证明标准,且在特定情形下实行举证责任倒置原则之外,私人侦探的调查取证亦是解决该问题的可行途径。

No- fault women are at a disadvantage in the litigation of the harm damages on divorcement. The nature of the cases as well as the imperfection of legislation leads to the ＂difficulty to prove＂ of no- fault women in the litigation. To solve this problem, no-fault women＇s awareness of the law and the ability of self-protection should be increased, with the principle of ＂inversion of the burden of proof＂in specific conditions, taking ＂the high degree of probability＂ as the proof standard as well as recognizing the importance of the investigation and evidence collection by the private detectives.