当前,我国社会正处于乡土社会、城镇社会二元社会融合时期,市场经济高度发展,社会思想氛围逐渐开化,男女平等思想逐渐深入人心。与此同时,城镇化高速发展,打工潮出现,出现留守妇女、儿童等问题。新形势产生的变化带来了离婚诉讼过错责任的认定及承担面临着新的困境,主要表现在:离婚率逐年攀升,家庭暴力现象猛增、生育权冲突有所增强、同妻出现离婚诉求、离婚后的女性及其抚养子女的贫困化现象出现并增强、离婚损害赔偿制度具体实施存在缺陷等。本文认为探讨问题所在,对司法审判中如何确认当事人的离婚过错责任、确立离婚损害赔偿责任具有指导意义。 At present, our society is in the period of dual social integration of rural society and urban society. The market economy is highly developed. The atmosphere of social thinking is gradually opening up. The idea of ​​equality between men and women gradually enjoys popular support. At the same time, the rapid development of urbanization, the emergence of migrant workers and the emergence of women and children left behind. The changes brought about by the new situation brought about the recognition and assumption of fault liability in divorce litigation. The main manifestations are as follows: the divorce rate has risen year by year, the phenomenon of domestic violence has soared, the conflict of the right to reproductive rights has been strengthened, the divorce appeals with his wife, The phenomenon of impoverishment of the divorced women and their dependent children appears and strengthens, and the specific implementation of the divorce damage compensation system has some defects. This article holds that it is instructive to explore the problem, how to confirm the party’s fault liability in divorce and establish the liability of compensation for the divorce in the judicial trial.