我国离婚损害赔偿制度相关问题剖析

离婚损害赔偿制度自2001年新婚姻法确立以来,一直是学界争论的话题,其中,离婚损害赔偿请求权主体、责任主体、适用情形、归责原则等成为争论的热点。对此,笔者经过全面的梳理和剖析后,认为离婚损害赔偿请求权主体在一定条件下应扩大至其他家庭成员;责任主体应扩大到第三者;适用情形应不限于《婚姻法》第46条规定的四种情况;归责原则的适用方面,应当增加过错推定原则。

Analysis of System of Compensation for Divorce Damages of China

Since its establishment in the new marriage law in 2001,the system of compensation for divorce damages has been all the time a controversial topic in the academey.And among it,the main body of the claim,the principal part of responsibilities,the application situations and the principle of responsibility attribution have been controversial hot topics.Therefore,the writer thinks,after an overall dissection,that the main body of the claim to compensation for divorce damages should under certain condition extend to other family members and the principal part of responsibilities should extend to the third party;that the application situations should not be limited to the four conditions in the 46th regulation of themarriage law;that the principle of fault presumption should be added to the principle of responsibility attribution.