Research On The Third Person's Legal Liability For Violating Conjugal Family Relationship

Along with the social development, the frequency that the third person outside the marriage relationship violates the conjugal family relationship are getting higher and higher. The third person violating the conjugal family relationship encroaches upon the injured party's legitimate rights and interests in the marriage, causes enormous damage to the victims, brings big threat and challenge to the marrige and family relationships protected by law and great astatic factors to the society. Repeatedly caused malignant criminal cases by the third party's participation, alarmed, must arouse people's attention and ponder.The third party phenomenon is in flood day by day, its behind reason is complex and diverse. Lacks to effective punishment, that is, the legal penalty to the third party is quite an important reason. Besides the bigamy, both the new "Marriage law" revised in 2001 and other laws have not stipulation about punishing the third party.The behavior that the third person violates the marriage ties, causing harm to other people is only restricted within the scopes of the moral public opinions ,the Party disciplines and the Government's restraints, for which many people violate other people's conjugal family unscrupulously.Now this fact has caused many legal scholars' and legal practice worker's attention.Most of these scholars are in support of giving legal liability to the third party, but there are also a small number of people who hold denial viewpoints.Denial viewpoints are held by many social scholars especially. Therefore this question remains a dispute topic in the educational world, waiting for more people especially experts and scholars joining to this discussion and research troop, so as to impell solutions to this question. This thesis hold the opinion that the third person violating other people's conjugal family relationship constitutes right infringements, and therefore must undertake legal liability according to law. This thesis tries from the flowing aspects to analyze the third person's legal liability for violating conjugal family relationship: the definition of the third person, the hazards caused by the third person and the reason for this phenomenon, legal principles and theories on which the third person's legal liability is founded on and how the third person should take its legal liability.