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2001年新修正的《婚姻法》确立了离婚损害赔偿制度,该制度完善了婚姻法的救济体制。然而在司法实践中该制度并没能发挥其应有的功效,主要原因在于离婚损害赔偿的适用情形及请求赔偿的责任主体范围过窄、实践中当事人的举证责任难度大等问题,导致了许多受害方无法用该制度得到法律应有的救济。文章针对该制度在实践运行中所存在的主要问题及不足,主要分析这些问题的成因及解决的对策,提出完善离婚损害赔偿制度的几点建议。
The newly revised Marriage Law in 2001 established the system of compensation for damages for divorce, which perfected the relief system for marriage law. However, in the judicial practice, the system has not been able to play its due effect, mainly due to the application of compensation for divorce and the scope of the subject of liability for compensation is too narrow, the burden of proof in practice the parties and other issues, resulting in many The victim can not use the system to get the legal relief. This paper analyzes the main problems and shortcomings of the system in practice, mainly analyzes the causes and solutions of these problems and puts forward some suggestions to improve the system of compensation for damages caused by divorce.