The Civil Liability Of The Third Party Involving In Marriage

With the development of the times and the progress of the society,the phenomenon of the third party destroying the marriage and family relations has become more and more serious and increasingly showing the trend from concealment to openness,but at present,In our current legal system,most of the solutions to this kind of phenomenon can only occur in divorce proceedings and the subject of civil liability is limited to the spouse who is at fault and not the third party who is involved in the marriage relationship.This situation has not only become the main reason of "seeking the law without a door",but also affected the stability of the family to a certain extent and destroyed the social harmony.In the face of this situation,we should construct the corresponding legal system and relief mechanism as soon as possible to protect the legitimate rights and interests of the parties,which will be of great significance to the maintenance of social stability and order and long-term peace and order.In this paper,through the relevant concepts,types,nature and responsibilities of the third party involved in the marriage relationship,we will define the right infringed by the third party in the marriage relationship as the spouse's right of the non-fault party.The third party's intervention in marriage is regarded as a kind of tort,which accords with the constitutive elements of tort law,and probes into the controversial issues such as the legislative defects and legal liability of the tort.At the same time,combining with the legislative investigation on the third party's intervention in marriage relations in foreign countries and Taiwan,the author puts forward corresponding suggestions from the two aspects of entity and procedure on the basis of conforming to the national conditions of our country.The author hopes to provide some reference for the relevant legislation of our country,in order to provide a scientific and effective way to resolve disputes in order to protect the legal and effective marriage relationship.This paper consists of six parts,about 33000 words.The first part is the introduction.It mainly centers on the research background and significance of this article,research overview at home and abroad,research methods and purposes,as well as the basic path and innovation of the research.The second part introduces the specific problems from the relevant cases,through the definition of the concept of third party and the specific types of marital relationship as the legal basis of its existence is the infringement of the right of spouse of the aggrieved party.The third part is to explore the legislative defects in the legal definition of the third party's intervention in marriage,and at the same time to analyze the feasibility of constructing the "third party" civil liability system.Thus clearly define the civil liability of the infringe.The fourth part through the comparative analysis of foreign and Taiwan on this issue of the relevant legal regulations,in accordance with the national conditions of our country on the basis of its excellent experience,effectively promote the construction and improvement of relevant laws in China.The fourth part through the comparative analysis of foreign and Taiwan on this issue of the relevant legal regulations,in accordance with the national conditions of our country on the basis of its excellent experience,effectively promote the construction and improvement of relevant laws in China.The sixth part is the conclusion.The silence of law is not the end of the problem,but the raising of the problem and the beginning of legal thinking and creative activity.In the face of endless and numerous incidents of "third party" destruction of marriage and family,the existence and occurrence of such phenomena can no longer be stopped by the role of the moral field alone.The law must play its compulsory role and use reasonable and effective means to investigate the liability of "third party" to intervene in the damage compensation of marriage and family,so as to maintain the stability and harmony of the family and promote the healthy development of the society.