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新世纪的到来也带来了传统家庭幸福、婚姻美满观念“新”的变化,家庭暴力、“包二奶”、小三频现,离婚率攀升。对此,我国《婚姻法》引入了离婚损害赔偿制度,试图完善婚姻法的体系,适应新形势对婚姻关系的调整;但是在民事审判实践中,暴露一些问题,审判执行存在困难,真正提出离婚损害赔偿的很少,而最终获得赔偿的更是少之又少。文章从民事审判实践存在的问题着眼,以我国现行离婚损害赔偿制度为基础,通过对我国离婚损害赔偿制度和民事审判实践中存在的现实问题进行分析,针对我国现存法律制度和审判实践中的不足,提出一些意见和建议,以期为我国离婚损害赔偿制度的发展和完善尽自己的绵薄之力。
The advent of the new century has also brought about changes in the traditional family happiness, happy marriage concept, “new” changes, domestic violence, “mistresses”, the trio nowadays, and the divorce rate has risen. In this regard, China’s “Marriage Law” introduced the system of compensation for divorce damages, attempting to improve the system of marriage law to adapt to the new situation of the adjustment of the marriage relationship; However, in the practice of civil trial, exposing some issues, the implementation of the trial there are difficulties, the real divorce damages Very few, and ultimately receive compensation is rare. Based on the existing problems of civil trial practice in our country and based on the current system of compensation for damages in divorce in our country, this article analyzes the existing problems in the compensation system of divorce in our country and the practice of civil trial. In view of the existing legal system and trial practice in our country, , Put forward some opinions and suggestions, with a view to China’s divorce damage compensation system for the development and improvement of their own modest.