论婚姻法中离婚损害赔偿适用的若干问题

经过修改的《婚姻法》中关于离婚损害赔偿制度的建立令人关注。离婚损害赔偿的构成要件包括:主观过错、法定违法行为、损害事实、因果关系。文章认为,离婚损害赔偿请求权的主体应仅限于无过错配偶。离婚损害赔偿金数额先由夫妻双方协商,协商不成时,由法官酌定。离婚损害赔偿的民事责任分非财产责任和财产责任两种。

Several Questions Suitable to The Compensation for Divorce Damage in The Marriage Law

The modification of the marriage law has already been conclusions. It's obvious to all that the relation between the new and old marriage law is developing what is useful and discard what is not or develop, the establishment of the system of compensation for divorce damage is the most remarkable Among them, its composition is: subjective fault, legal illegal activities, the damaging facts and causality. The author think the right asking for compensation for divorce damage should be only given to the spouse without fault. The number is consulted by the couple first. While the agreement can't be maken, it is decided by the judge. The civil liability of compensation for divorce damage is divided into the responsibility of the property and not.