论离婚损害赔偿制意见及缺陷.doc

论离婚损害赔偿制度意义及缺陷 内容摘要：婚姻法第四十六条确定了离婚过错损害赔偿制度，使法律对婚姻当事人的合法权益的保护更进一步，使司法机关对相关案件进行裁判有了法律的依据，是我国婚姻家庭立法的进一步完善，意义甚大。但是该制度涉及实务适用中的一些问题，在理论界存有争议。笔者就婚姻法损害赔偿责任的归责原则，损害赔偿责任的性质以及损害赔偿请求权进行了分析与探讨，提出了一些看法与建议。关键词：损害赔偿制度 归责原则 违约行为 侵权行为 损害赔偿请求权《民法判解研究与实用》 第二集 ，中国检查出版社1996年版 the party. Focus on honesty and self-discipline standards of four clean four consciousness, hold the work principle and various violations of party discipline punishment ... 2. series spoke. To XI on ruling acting political XI General Secretary series important speech reading 2016 version XI General Secretary important speech articles selected leaders reading and out poverty for basic textbook, in-depth learning understand XI General Secretary series important speech spirit and on Fujian work of series important indicates spirit, understand on reform development stable, and Interior diplomatic defense, and rule party ruling army of important discusses, understand throughout which of Marx doctrine position views method, Grasp the true faith through the pursuit of, historical sense, sincere feelings for the people, pragmatic style of thought. Should pay attention to the overall grasp and master relationship and prevent fragmentation. Address learning series, attention should be paid based on persisting and developing socialism with Chinese characteristics to the theme, focuses on understanding comrade XI Jinping as General Secretary of the CPC Central Committee on governance of the new concept of new ideas and new strategies. 1 the deep understanding we are carrying out the great struggle of history with many new features that Chinas development is an important period of strategic opportunities and the same connotation. 2 to grasp a firm system of socialism with Chinese characteristics theory of confidence, confidence, confidence, winning complete the building of a well-off society and realize two 100 year goal dreams, China and the great rejuvenation of the Chinese nation. 3 understand the domestic and i