离婚过错赔偿制度实施中存在的问题及对策

离婚过错赔偿制度,是婚姻法规定的旨在保护离婚无过错方合法配偶权利的一项权利救济制度.由于我国婚姻法对夫妻配偶权的内容规定得不完备,使得作为救济措施的离婚过错赔偿制度在实施过程中出现了一些亟待解决的问题.为此,应充分实现配偶权保护精神对婚姻法的全面渗透,为该制度的存在及效力的有效发挥奠定一个坚实的法理基础,以更好地发挥其在维护婚姻家庭稳定中的作用.

Probe into the Problems and Measures in the Enforcement of Divorce-wrongs Compensation System

Divorce-wrongs compensation system is one of remedy system that can be used to protect the rights of nonwrongful lawful spouse in a divorce case according to the marriage law. Because of the defection about the contents of spouse rights in our marriage law, some problems that need to be solved urgently have happened in the process of carrying out the divorce-wrongs compensation system. In view of this, the author suggests that we should strengthen the protection of spouse rights in our marriage law and we should also consolidate a solid foundation to make this system more effective. On the other hand, we should perfect the correlation measures in order to set up a more stable relationship in marriage and family.