Research On Civil Liability To "Third Party" Against The Legal Relationship Of Marriage

Marriage is a legally binding, which both men and women to live together for thepurpose of permanent.But with the improvement of people’s material and culturalliving standards,our society began to appear in the phenomenon that marriage wasinvolved in a class of people, such as a third party, mistress and so on.They make thestability of marriage, permanent of marriage suffered a huge challenge.According toinformation provided by many courts network statistics,The emergence of a thirdparty is the one of the main reason for the increase in divorce rates。Many of theinjured party spouse demand compensation from a third party’s appeal was rejected ina lawsuit，Their legitimate rights and interests were not supposed to guarantee.Moreand more people in the society have called for sanctions against a third party,article2of the draft of"Marriage law" judicial interpretation (3) was issued，made thediscussion of whether use legal sanctions against to the third party into peak.Thelack of legislation, make the marriage law legislative in our country have somegaps.Therefore, discuss the establishment of a third party civil liability legislation Intheory, develop a third party civil liability shall be pursued by law is veryimportant,Has great theoretical and practical significance.In this paper, the author based on our country present legislation and judicialpractice，Through the empirical analysis, literature analysis, comparative analysis andother methods, essentially analysis of the theoretical problem that a third party’s civilliability shall be pursued.Finally, I will talk about some suggestions for China topursue the a third party’s civil liability legislation by combining the relevantprovisions of China’s "Marriage Law","Tort Liability Law",and "Civil Law"，I hopemy suggestions are useful for our legislation to protect Marriage relationship.This paper will be divided into five parts except preface and conclusion.The first part,talk about the fundamental problems of the third party，Explain whatis the "a third party",Clear the concept and constitutive requirements of its in the legal category.Then according to the third party’s behaviour and the behaviour of one ofthe Spouse who made a mistake，explain Several common forms of the existence of athird party,and expounds its harmfulness.Second part, I first puts forward the concept of spouse rights，and analyzes thenature and contents of spouse rights，Based on the spouse rights, it is concluded that athird party is essentially Violated the spouse rights by the analysis of the behavior of athird party involvement in legal marriage.The third part,By combining the Tort Liability Law and the Civil Law rules toanalyze the behavior of a third party，It is concluded that a third party involved in alawful marriage behavior conform to the components of the infringement of theconclusion，and in certain cases the behaviour of a third party to accept the giftproperty is the guilty party constitute unjust enrichment,So a third party shall bear tortliability and unjust enrichment returned.The fourth part,throughout the legislative development of a third party civil liabilityshall be pursued in our country at first.Then combining with the problems in thejudicial practice,Come to the conclusion that our country have some legislationdefects on a third party civil liability shall be pursued now;And then through thecomparative study of continental law system and Anglo-American law systemlegislation of some countries and regions，To draw inspiration and reference to ourcountry’s legislation.The last part of the article，Based on the study of the theory above, realize thenecessity of the establishment of a third party civil liability in our country,and putforward some legislative suggestion about a third party civil liability shall be pursuedin China from two aspects of the entity and procedure，Hope it can make up for theloss of spouse without fault as more as we can in the process of practice.