On The Civil Liability Of The Third Party Violating The Right Of Spouse

In the present stage of our country on the right of spouse is clearly defined, nor the establishment of the third party violating the right of spouse accountability mechanism. So when is the third right of spouse abuse, spouse is difficult to obtain the corresponding legal relief. So clearly the spouse rights system in the legislation, the provisions of the third party violating the right of spouse behavior responsibility mechanism has an important theoretical value and practical significance.Spouse rights is based on legal marital relationship between husband and wife each spouse identity rights; third party knowing that a person who has a spouse and with the occurrence of improper relationship and to others' legal marriage caused the consequences of damage to the natural person. The imputation principle of civil liability of the third party's infringement on the rights of spouse should be the principle of fault, the elements of which are illegal act, damage consequence, cause and effect relationship and the four fault of the third aspects. The way of the third party's civil liability is divided into two parts, the property damage compensation and the compensation for spiritual damage. The scope of compensation for mental damage can be divided into two types according to the general theory, which can be divided into pure spiritual damage compensation and mental interest damages. In the determination of the specific amount of compensation for mental damage, the court may refer to the income of the local residents of the previous year, as the base to determine the amount of the final spirit of compensation.