Marxist Perspective Of Infringement Of Third Party In A Relationship

With social openness,people are becoming more and more social,and there are also extramarital affairs and extramarital relationships among social groups.The reason,one is the influence of western mainstream ideology,people are keen on "open,casual" friends;Secondly,the development of social culture has brought about a lot of negative effects as well as new technologies and new thinking.So many experts have concluded that extramarital affairs are the result of the development of social progress.The public’s attitude towards this phenomenon has also changed,from rejection and anger to indifference.Social broad causes a lot of people go to the marriage at the other extreme,in this era of knowledge and money loose blasting development,moral for extramarital love condemnation is useless,need to give priority to with the rule of law,moral education is complementary,using these methods to improve the phenomenon of extramarital affairs.This article has been investigated and analyzed,and it is hoped that some Suggestions and Suggestions will be provided for the research on the infringement of extramarital affairs.The first chapter of this paper mainly explains the interpretation and presentation of marxist philosophy,and analyzes the third parties in marriage in marxist perspective.The second chapter of this article is to introduce two main case as the analysis object,through the analysis of the case,to understand the social scientists and psychology expert understanding the definition and extension of concept of "third party".It also concluded that the "third party" infringement was founded on the basis that the two parties were legally married and that the infringement belonged to "third party" infringement.The second is that the infringer is aware that his husband(or lady)has a spouse,and that marriage proves that this constitutes infringement.Third,"third party" has caused serious injury to the infringer through improper means and attached relevant legal liabilities,constituting infringement.The abuse of copyright causes the family to break up,and the moral condemnation can’t stop this phenomenon,and the law must be involved.Currently,there are related punishment mechanisms in the criminal law of China.But other civil laws do not.Against infringement of marriage,each country national condition is different,this view is different,but the only thing certain is that countries for "third party" infringement harm the interests of the spouse,for the protection of rights and interests of spouse,and civil penalties for a third party in this attitude is unified.At the same time,the protection rights and interests of women,children and the elderly have been introduced in countries around the world,and our country can draw on some good content from this point in the legislative process.In the third chapter of this paper,the relationship and the nature of the relationship are analyzed,and the relationship of the relationship can be concluded that the relationship is "identity".Secondly analyzes the "marriage law" big background,constantly optimize the "third party" infringement should be what sanctions,on the basis of what is,what are the responsibilities,what are the spouse rights,which way to protect their own rights and interests infringed can seek after analyzed the content and so on.Third party as the main object of the division,in general,"third party" as a tort subject,she has the uniqueness;It can also serve as an object.As a defendant in the divorce case,the defendant is divided into the defendant at the same time as the defendant,and the unfaithful bear the civil liability and accept the civil penalty.Generally,there are three kinds of punishment for civil liability: the light is an apology,the heavy one is to stop the injury,and then the civil compensation.Based on the investigation,this paper applies the effective legal system,perfect the marriage law of our country,the way of applying the law,and puts forward the suggestion of policy perfection.Individual thinks,"third party" in the "marriage law" is a must clearly reflected,and as a focus of social attention is extremely strong,must be in this aspect is important content in the planning of "marriage law",the promulgation of the law is not immutable,but The Times characteristics and social development situation of real-time adjustment,so can we truly achieve the purpose of the legislation.Such as: the victim compensation is put forward,the marriage law stipulates clearly the guilty party shall provide the relevant amount of compensation,this clause can be divided into compensation three types of distinction,such as the compensation for mental compensation,property.The compensation object should not only include the fault party but also the "third party" should jointly undertake the compensation.To sum up,this paper mainly aims to analyze the current situation of "third party" and analyze the current situation of "third parties" through this unique visual analysis,and thoroughly dissect the phenomenon.The author hopes to provide some help for the legal responsibility and perfection of the "third party" of marriage through his own efforts.Strengthen and perfect the marriage law system,to build a harmonious society,stabilize the economic development,promote the socialist cultural construction to lay the theoretical foundation.