On Tort Liability Of “Third Party” Interfering With Marriage Relationship

Interference in marital relations by "third parties" is a major concern and a difficult issue for countries around the world.In view of its prevalence and harm to various types of social relationships,many developed countries and regions have made efforts to find effective legislative mechanisms in the hope of implementing reasonable legal regulation of interference in marital relations.At present,the problem is still widespread,expanding and serious.In judicial practice,the litigation cases caused by "third party" interfering with marital relations have also shown rapid growth in recent years,but China’s current legislative regulation of "third party" interference with marital relations is relatively general,in practice In practice,it is not very operable,which makes it difficult to defend the rights of the spouse who is not at fault.Interference with marriage by a "third party" is a situation in which a third person other than the legally married party commits adultery,cohabitation or even bigamy,knowing that the other party has a spouse,resulting in interference with the other party’s existing marital relationship.Third party" interference with marital relations is a kind of infringement,infringing on the spousal rights of the couple.In terms of the current legal system in China,the law clearly stipulates that the subject of divorce damages is limited to the spouse at fault,and there is no punishment for the "third party" in the civil field,making it difficult to fully protect the interests of the spouse who is not at fault in seeking relief in judicial practice.We should study and learn from the relatively mature legal systems in foreign countries and China’s Taiwan,especially the theory of spousal rights and the legal provisions on the regulation of the liability of the "third party",so as to improve the relevant legislative mechanism and build an effective remedy system in China in a timely manner.In order to protect the legitimate rights and interests of the no-fault party,maintain healthy spousal relationships,harmonious family relationships and social stability.In view of the outstanding problems in judicial practice,we can improve the legal regulation of "third party" interference with marital relations in China from the following perspectives:First of all,in the substantive law,the legal regulation of interference with marital relations by a "third party" is improved.To build a sound legal protection system for "third party" interfering with marital relations,the crime of bigamy and the crime of breaking military marriages in the criminal law have made corresponding provisions on criminal liability for serious infringement on the rights of spouses of ordinary and special subjects.From the perspective of the improvement of the legal system,the infringement of the rights of spouses by "third parties" should be subject to civil liability corresponding to criminal liability.To introduce a spousal right system,the existing Civil Code provides for spousal right under the premise of marriage and family,and clarifies that spousal right is a status right with the attributes of both absolute and relative rights,which cannot be infringed by others.In the part of tort liability,we focus on regulating the violation of spousal rights and improve the system of tort liability for "third parties".The "third party" will be included as a subject of liability,and will be jointly and severally liable with the spouse at fault for the damage caused by the joint infringement,and the manner and standard of liability will be clarified.For the spouse at fault,the construction of the marital damage lawsuit,allowing the division of marital property,giving the spouse at fault the right to pursue the tort liability of the spouse at fault in the marriage and divorce.Secondly,the procedural law on the burden of proof is appropriately tilted to ease the no-fault party’s proof dilemma;limit the time for the exercise of the right to claim,the marital damage system should make special provisions for the exercise of the right to claim;focus on diversified dispute resolution mechanism,respect the wishes of the parties,ease the conflict,and try to maintain the existing marital relationship.Finally,in terms of legal application,if the current legal system in China has objections to the addition of spousal rights and changes in legal norms,the Supreme Court can be used to guide cases and judicial interpretations to provide trial reference for lower courts;at the same time,judges play a dynamic role,using dynamic justice to fill the legislative shortcomings and system gaps.Through the above exploration,we hope to contribute to the management of the problem of "third party" interference in marital relations.