A Third Party Against The Right Of Spouses

The system in China's existing laws which the third party violate the right spouse still not have explicitly stipulates and the consummation right protection mechanism. When the third party violate the right spouse, the benefit of the injured spouse is difficult to get legal relief. Therefore, it has a vital practical significance to establish the system about a third party violating the right spouse in the legislation.The full text divides five chapters.First chapter is the introduction, which mainly differentiates the third party in the legal principle of law and the third party this article elaborates.The second chapter focuses on the possibility of the third party violating the right spouse. Firstly this chapter introduces the relative and absolute rights from legal principle theory of law angle. Then separately unifying the relative right, elaborating the right spouse has the relativity internal, the right spouse between the spouse is one kind of relative right. Unifying the absolute right, the right spouse has the absolute rights external from the perspective of the foundation of the right spouse. The third party has the duty to respect, does not interfere the right spouse. Thus, the third party violating the right spouse is one kind of tort.The third chapter focuses on acting the third party violating the right spouse that. Firstly defining what is the third party, latter several mainly analyze the constituent elements of the action of the third party violating the right spouse one by one: the behavior of injures ,the harm, the causal relation, the mistake.The fourth chapter focuses on the duty of the third party violating the right spouse. First section mainly discusses if the third party take the legal responsibility. The second section analysis the theoretical foundation of establishing the third party. The third section introduces the stipulation about various countries.Fifth chapter is the concluding remark, which is the future of our legislative proposal.