A Probe Into The Legal Liability Of The Third Party Infringing On The Right Of Spouse

The third parties infringe on the right to spouses have many serious consequences,the degree of which is more light to the harmony of the family and the influence of the social stability,but the marriage law only establishes the fault spouse as the main body of responsibility,the third does not have to bear any responsibility,and the rights of the spouses without fault are effectively guaranteed.The current marriage law of People's Republic of China only stipulates two kinds of divorce damage compensation liability for bigamy and cohabitation of spouses and others,which causes the non fault party hard to maintain the right of spouse according to the current law.The identification of the right to infringe the right to spouses and the compensation for the damage of divorce caused by the unlawful relations of non cohabitation have become a difficult problem in practice.In order to avoid the above conflict,in judicial practice,the general practice of the court is not to admissible the proceedings of the third party,or to infringe on the right of personality,reputation and property by the third party.It is to cover the third party's violation of the essential nature of the spouse's right based on the marital relationship.Therefore,the author summarizes the shortcomings of the current law of China to adjust the third party's tort liability,and proposes that the right of spouses as the object of tort,to establish the third parties as the subject of responsibility,and to improve the mechanism of tort damages,so as to protect the legal marriage relationship.The full text is divided into four parts:The first part is the introduction,which mainly introduces the main views and theories of the third parties' infringement of the right of spouse at present,sums up a large number of scholars' research results,analyses the similarities and differences,summarizes the laws,and finds the maturity and shortcomings of the existing views for reference.The second part is about the definition of the third party's infringement of spouse rights and the necessity of legislation on the third infringement of spouse rights.This part first expounds the definition of the third party and the three party tort,and then combs the absence of the existing law in the legislation of the third parties to infringe on the right to spouses,combining with the judicial interpretation and other relevant provisions,and puts forward the shortcomings of the existing law in our country.Finally,through the analysis of the consequences and effects of a large number of cases and social events,it is concluded that the establishment of the third parties as the main responsibility is the inevitable requirement of the current situation of social development.The third part is the extraterritorial study of the third party liability for tort.This part mainly introduces the relevant civil legislation on the rights of the third party in Italy,France and the Taiwan of China,and concludes that our country should draw on the useful experience and establish the third parties as the subject of tort liability and bear the corresponding tort liability.The fourth part is the proposal to improve the tort liability of the third party,which is the key part of this article.On the premise of fully considering the legislative and social development in China,suggestions for improving the legal liability of the third party tort are put forward.