我国新《婚姻法》中对离婚损害赔偿的规定,是一个很重要的修改,这一制度为婚姻关系当事人提供了法律保障,为司法机关处理案件提供了法律依据,但在现实生活中夫妻双方到了要离婚的地步都是不理智的,该条文在实际操作层面有很多困难,本文从实际司法操作层面对该制度进行探讨和分析,提出一些自己的建议。 The stipulation of the compensation for divorce in the new Marriage Law of our country is a very important amendment. This system provides the legal guarantee for the parties involved in the marriage and provides the legal basis for the handling of the case by the judicial organ. However, in real life, both parties have arrived It is irrational to divorce. This article has many difficulties in practical operation. This article explores and analyzes the system from the actual judicial operation level, and puts forward some suggestions of its own.