Research On Civil Liability Of Spouse Right Infringement

The right of spouse arising from the conclusion of marital marriage has not been clearly defined in our legislation.As a relative right of identity,spouse right is formed in the conclusion of the marriage relationship,and it is an equal right of identity enjoyed by each other.Article 2 of the Tort Liability Law uses a combination of examples and generalizations to define the scope of protected civil rights,but the rights listed in paragraph 2 do not exhaust the types of rights that should be protected by tort law.What kind of rights the infringement infringes is not uniformly expressed in the academic world.The special nature of spouse right has caused the discussion of civil liability in the two cases of infringement of spouse right between husband and wife and third party hindering the spouse right of others.The above two situations should be discussed separately to achieve the integrity of the civil liability for spouse rights infringement.For internal infringement,Article 46 of China ’ s “ Marriage Law ”provides for a divorce damages compensation system.Although the victim’s spouse has been given relief to a certain extent,there are many restrictions that cannot resolve the increasingly serious marriage and family conflicts.Establishing a compensation system for spouses’ rights to damage spouses in marriage,so that the injured party can obtain legal relief without dissolving themarriage relationship,alleviate the psychological pressure of the injured party,and educate and regulate the behavior of the wrong spouse.The method of legal intervention is to alleviate family conflicts.Damage compensation and family integrity are not incompatible.After all,the injured party may not want to forgive,and the wrong party may not want to make up for the correction.Regarding the third party’s interference with spouse’s rights,the third party’s involvement in the marital relationship of others is not strictly an infringement of the spouse’s right of the injured party,but only to a certain extent hinders others from exercising their spouse’s rights.The right of spouse is relative right.It cannot break through the relativity of the right of spouse at the level of traditional legal theory.However,with the continuous development of modern society,there is a deliberate intention on the part of the third party,which leads to serious consequences.The interests of the spouse in the marriage relationship between the three parties,and the special right of the spouse,can be investigated for the tort liability of the third party for infringement of the spouse’s right on the basis of meeting the strict constitutional requirements.The research content of this paper can be divided into four parts.Chapter one: Proposing the issue of infringement of spouse’s rights.It sorts out the relevant cases and theoretical disputes in the current judicial practice and theoretical circles in China regarding the infringement of spouse’s rights in marriages between spouses and the interference of spouses’ rights by third parties in interfering with other people’s marriage.Point,through analysis and research,and then raise questions for subsequent research.Chapter two: Explore the system of civil liability for infringing spouse rights in marriage.How should one of the couples determine the infringement of spouse rights performed by the other party in marriage and whether they can be regulated by the Tort Liability Law? It also includes the analysis of the divorce damage compensation system and the marital infringement of spouse rights damage system.Chapter three: Explore the third party’s civil liability for obstructing theright of spouse.The third party’s involvement in a legally concluded marriage relationship hinders others from exercising the right of spouse.Should the actions of the third party be within the scope of the law governing tort liability?What are the current views of the theoretical and practical circles in China on this issue? It also summarizes the judicial practices of countries and regions outside the territory.Chapter four: Put forward related suggestions for improving China’s liability for spouse rights infringement,including clarifying the concept of spouse rights and the relative nature of spouse rights,establishing a system of compensation for damages in marriage,and the responsibility of third parties.