本科毕业设计-试论我国的离婚损害赔偿制度

AbstractWith the divorce rate in recent years, the upward trend of the country, with the attendant exposure to increasingly intense contradictions. The establishment of a divorce damages the system is to strengthen the socialist legal system, improve the legal system of China's divorce, the needs of the new situation, the protection of non-fault divorce, the legal rights of the parties is a necessary requirement to perform his marital obligations and the achievement of an important guarantee for freedom of divorce, and for the divorce process to protect the innocent party compensation claims provide a legal basis. But our system of divorce damages the marriage law was amended in 2001, identified, a late start, the relevant provisions of the CPF is a very mature sound. Articles by this system of analysis, that there are some deficiencies in this system, mainly as follows: the subject of divorce damages the narrow range; Divorce Damage scope was too narrow; innocent party hard evidence. Compared with the foreign system, and together with the reality, it should be perfect from the following aspects: to appropriately expand the scope of the subject of Divorce Damages; Divorce Damage to expand the scope of application; appropriate to reduce the standard of proof, the innocent party to reduce the burden of proof responsibility.Key words: divorce damages; compensation for the main body; scope of application; burden of proof试论我国的离婚损害赔偿制度离婚损害赔偿制度是 2001 年《婚姻法》修正案中确立的一项新制度。几年来，学者们对该制度进行了深化细致的评析和阐述，取得了丰硕的成果。总结国内外学者对该制度的讨论，多数学者认为离婚损害赔偿制度在我国的建立有其重大的立法价值，不仅完善了我国婚姻法的立法体例，而且给予了当事人寻求救济的法律依据。是我国婚姻家庭...