论离婚损害赔偿制度的完善

我国《婚姻法》中有关离婚损害赔偿制度，应当在《民法典》的框架下予以进一步的完善。立法上应当进一步扩大重大过错行为的范围；对于因“第三者”破坏他人婚姻关系的侵权行为，应允许无过错的配偶一方向“第三者”请求损害赔偿和提起诉讼；在立法上应确认过错相抵原则。

Perfection in System of Compensation for Injury for Divorce

There are still some imperfection in system of compensation for injury for divorce in Marriage Law, so it needs to be further perfected in Civil Code. We should further extend the scope of gross wrongs in legislation, and allow innocent spouse to claim for compensation for injury to a third party and to take an action against him or her in the cases of a third part acts as marital violator. Meanwhile, we can establish the principle of wrongs-balance in legislation to perfect the system of compensation for i...