Research On Civil Damage Compensation For "Malicious Third Party" In Marriage Relationship

Since the new century,the rising divorce rate in our country,especially the“malicious third party”damage others legal marriage divorce is one of the main reasons for the existing law cannot be directly applied to “malicious third party”infringing the legal relationships of no-fault spouse rights and cause the serious mental damage and bear civil liability for damages. In order to maintain the family stability and social harmony,thus advocated by legislation to regulate the legal relationship “malicious third party”damage others behavior.By the legislation in the regulation of marriage law “malicious third party”bear civil damage compensation is the essence of legal rights protection needs,is the inherent requirement of moral legalization,fair and justice value of law should be embodied. “Malicious third party” damage others legal marriage is infringement act,the legal relationship of no-fault spouse's spouse rights violations and cause the serious mental damage is“malicious third party”bear civil legal basis for the damages.Legislators, therefore,it is necessary for legal marriage relationship “malicious third party”,shall bear civil liability to pay compensation for damage regulation. On the one hand, in terms of physical build,in the “marriage law”,respectively,to establish “malicious third party”,“the spouse rights”,“serious tort liability law of the related provisions shall be applicable to the compensation for mental damage”,Constructed, on the other hand, in the aspect of application,“legal remedy should be on the premise of suing divorce”,“fault spouse party defendant” together with “ malicious third party ”, “ malicious third party ” presumption of fault liability, in order to protect the lawful rights and interests and the spirit of the law and rules of punishment of illegal action.