论离婚损害赔偿制度

On the Compensation System for Divorce Damage

离婚损害赔偿制度的建立是现代婚姻家庭立法的大势所趋,而制度的构建和完善还需要一个过程。离婚损害赔偿制度有以下三个问题必须明确:一是建立该制度的原因,二是该制度具有的功能作用,三是该制度在司法实践中的适用问题。本文试从以上三个方面加以论述,以推动立法的完善和司法的正确适用。

The establishment of a compensation system for divorce damage has become a major issue in modern marriage and family legislation and it still needs some time to complete such a process. For a compensation system for divorce damage, the following three areas should be properly denned: (1) reasons behind the establishment of such a system; (2) the functional roles that this system will play; (3) the applicability of this system in judicial practice. By developing its argument in these three aspects, the paper is meant to contribute to the perfection of legislation and the right applicability of judicature.