婚内损害赔偿与夫妻共同财产制的冲突和协调

Conflict and Coordination Among Damage Compensation During Marriage Period and the System of Common Property of the Wife and Husband

对受害人提出的婚内损害赔偿请求,法律是否应当支持,学者有不同的看法,实务界也出现了不同的判决。我国《婚姻法》虽然只规定了离婚损害赔偿而未规定婚内损害赔偿,但前者并不排斥后者,受害人可以选择行使离婚损害赔偿请求权或者婚内损害赔偿请求权。夫妻共同财产制对婚内损害赔偿请求权的实现造成了一定的障碍,但可以通过非常财产制和债权凭证制度加以克服。离婚损害赔偿制度和夫妻共同财产制均不构成否定受害人婚内损害赔偿请求权的理由。

In when divorce Marriage Law of the People＇ s Republic of China , there is the regulation of damage compensation happens; While there is no regulation about damage compensation during marriage period. The realization of damage compensation during marriage depends on the system of property division between the wife and husband. Under the system of common property between the wife and husband, if the other party has no personal property and contracted personal property, damage compensation during marriage period cannot exit. The author thinks, due to the independence of the respective character of wife and husband, the victim has the right to claim against the infringing party for during marriage period should damage compensation during marriage period. The right of damage compensation not be limited.