我国离婚损害赔偿制度若干问题探讨

我国的离婚损害赔偿制度及法律适用中存在以下四个问题 :①关于第三者的赔偿责任。第三者侵犯无过错方的配偶权 ,应与过错方承担连带责任。②关于举证责任。就当事人举证难提出合理的立法建议。③关于损害赔偿适用条件的扩大。离婚损害赔偿适用条件过于狭窄 ,应当增设法律条款 ,并在立法中规定概括性条款。④关于离婚精神损害赔偿金额的确定。我国离婚精神损害有两种赔偿方式 ,引“评定客观化说”分析精神损害赔偿金额的确定因素

Study on Issues Relating to the System of Divorce Damages of Our Country

This paper makes an analysis on some of the issues relating to our divorce damages system as well as the applicable law problems thereupon, mainly in four aspects. First, concerning the liability of the third party, this paper holds that the third party, having infringed the right to spouse, should be held personally liable with the wrongdoing spouse. Second, as to the issue of burden of proof, this paper makes some legislative proposals to deal with the fact of difficulty in burden proofing. Third, as to the application conditions of damages, this paper suggests that the conditions be enlarged so as to afford the injured party with more protection. Fourth, about the fix of the sum of spiritual damages on divorce, this paper divides the spiritual damages into two categories, and introduces the theory of objective evaluation to determine the elements for fixing the sum of spiritual damages.