Disquisition On "the Third-partner's" Civil Responsibility In Marriage

There is no denying that such ugly practice as one-night-love, wenching is becoming more and more common nowadays, leading to destruction of marriage and overpassing of women's and children's rights. Hence calling for law's interference is getting stronger. Should law intervene in people's sentiment affairs? Is it going too far? How to balance morality and law? If it is necessary for the law to deal with "third-partner" problem, what is the theoretical basis? What rights does the "third- partener" tread upon exactly in marriage ties? What is the theoretical basis for the unblamable party to take any actions? Tort or breach of faith? In what way should the "third-partner" be responsible? They constitute hot issues in the research of marriage law.With respect to current situation of theoretical research and legislative practice, based on civil rights and obligation theory, this artical probes the definition of "third-partner" , theoretical foundation and gist of "third-partner" 's civil duty, the way it realizes and the proper procedure. Hopefully, it would offer some useful advice to specific legislation, at the same time, protection of unblamable party so as to eliminate the "third-partner" phenomenon, maitain legal marriage, and improve quality of marriage. Due to lack of preliminary research, this artical has to adopt comparative and positive analysis, with reference to other scholars. What is unique about this paper is that it offers specific solutions, in light of particularity of this problem.