1. The validity of illegal evidence should be determined within a certain limit In divorce damage compensation cases, many innocent parties are difficult to obtain evidence through legal means, such as evidence of extramarital sexual behavior. Therefore, the court does not support divorce damage compensation because it is illegal for innocent parties to provide evidence. In order to protect the legitimate rights and interests of the innocent party and realize the purpose of the divorce damage compensation system, illegal evidence cannot be completely denied, and should be recognized and still used as evidence on the premise that it is verified to be true. However, the party without fault shall be investigated for corresponding legal responsibility according to the seriousness of the case.
 2. The conditions for the burden of proof of the innocent party should be appropriately relaxed. Article 73 of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings actually determines the standard of proof of high probability in civil proceedings in China. The standard of proof of high probability in China's civil litigation can only be applied to the general situation in civil litigation, and a few special cases of evidence collection should implement the standard of proof of high probability to appropriately reduce their evidence requirements to protect the legitimate rights and interests of the parties.
 3. The principle of inversion of the burden of proof should be applied. According to Article 46 of China's Marriage Law, the innocent party has the right to claim damages. The principle of liability fixation of divorce damage compensation system is the principle of fault liability. Under the principle of fault liability, when the non fault party claims for divorce damages, it also bears the burden of proof, and the collection of such evidence is quite difficult. Precautions for marital damage compensation: marital damage compensation is a new legal system added to the revised Marriage Law. It is a legal sanction given to a party who is at fault in breaking up a marriage relationship under certain conditions. The company should pay attention to the following issues in judicial and marital life:
 (1) Subject of liability: the party who is at fault in breaking the marriage relationship, the third party who caused the breaking of the marriage relationship, is not the subject of liability for marriage damage compensation.
 (2) Types of fault: bigamy, cohabitation of persons with spouses, domestic violence, maltreatment and abandonment of family members. These four situations are legal conditions for marriage damage compensation. Other faults do not constitute liability for marital damages.
 (3) Time limit: When the no fault party as the plaintiff files marriage damage compensation, it must be filed at the same time as the divorce proceedings. In a divorce case where the innocent party is the defendant, if he does not agree to divorce, he does not file a claim for marital damages; Or if they did not make a claim for marriage damages in the first instance but made it in the second instance, and the court mediation failed, they can file a separate lawsuit within one year after divorce.
 (4) Compensation scope: including material damage compensation and spiritual damage compensation.
 (5) Special reminder: marital damages are not protected. On the one hand, the court will not accept the case that divorce is not prosecuted but marriage damage compensation is filed separately. On the other hand, the court will not support the claim for marriage damage compensation in the case that divorce is not allowed.