离婚损害赔偿制度是现代婚姻家庭法的公平原则和保护弱者原则的体现,有利于维护婚姻家庭的平等和稳定。我国婚姻法已初步建立了这一制度,但还有诸多不完善之处,应在离婚损害赔制度的构成要件、赔偿的权利义务主体及婚内损害赔偿等方面有所突破,以适应当代我国社会关系的复杂变化。 The system of compensation for divorce damages is the fair principle of modern marriage and family law and the principle of protecting the weak and the weak, which helps to maintain the equality and stability of marriage and family. China’s marriage law has initially established this system, but there are still many imperfections. It should make breakthroughs in the constitutional requirements of the divorce damages system, the subject of the rights and obligations of compensation, and the compensation for damages in the marriage so as to adapt to contemporary society in our country Complex changes in relations.