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2001年我国婚姻法修正案对离婚设立了三项救济制度,但司法实践证明其中离婚损害赔偿制度难以实现并且弊端重重,而家务劳动补偿制度和经济帮助制度还有待完善。在借鉴各国立法基础上进一步完善我国离婚救济制度,既能解决婚姻当事人因离婚而陷入生活困难的后顾之忧,保障离婚自由,又能真正实现法律的公平正义。
In 2001, China’s Marriage Law Amendment set up three relief systems for divorce. However, judicial practice has proved that the system of compensation for damages for divorce is hard to come by and has many drawbacks. However, the domestic labor compensation system and the economic aid system still need to be perfected. Drawing upon the legislation of other countries, further improving the system of divorce relief in our country can not only solve the worries of marital parties caught in the difficulties of life due to divorce, guarantee the freedom of divorce, and truly realize the fairness and justice of the law.