关于离婚损害赔偿问题的几点思考

离婚损害赔偿责任在本质上属于侵权责任 ;因重婚、有配偶与他人同居而导致离婚的 ,婚外第三人亦应对受害人承担赔偿责任 ;把离婚损害赔偿的适用范围限制在婚姻法第46条规定的四种情形是较为适宜的 ;离婚损害赔偿责任的构成不应以受害人无过错为条件 ,若双方都有过错 ,应根据过错大小各自承担责任。

Views on Compensation for Damages From Divorce

The responsibility to compensate for damages from divorce is in nature one of the responsibilities resulting from infringing upon rights. In cases caused by bigamy or cohabiting, the third person other than the husband or wife should take the responsibility to compensate the victim. It is proper to limit compensation for damages from divorce within the four cases stipulated in the 46th clause of the marriage law. The constitution of responsibility to compensate for damages from divorce should not bebased on the faultlessness of the victim. If both husband and wife have faults, they should take their responsibilities respectively according to how serious their faults are.