The Third Party Infringes The Spouse 's Civil Relief System

"Home and country, the country and the world." Marriage and family as the basic unit of human society constituted, its stability is directly related to the harmonious development of human society can. In recent years, China’s divorce rate has been showing an upward trend. Among them, the Third Party is one of the main causes of marital relations is completely broken. Between the moment, this phenomenon has not been affected progress and civil society to improve the quality and reduce, but increased to society brought many serious consequences. In order to build a socialist country ruled by law, a new situation to strengthen harmonious society, more attention should be paid a stable marital relationship, so building a socialist rule of law should be the importance of third party infringement and spouses rights system.At present there are still many loopholes in our legislation, how to better protect the interests of the marriage of the parties, maintaining social stability and harmony, a problem common concern. Regulation of third party tort liability not only to the interests of both spouses, the interests of family members, but also to the interests of the whole society. China’s current "marriage" only provides a system of divorce damages between husband and wife, the provisions of the third infringement is almost empty, especially in disregard of the natural properties of the marital relationship, and the lack of effective protection mechanisms spouse right. In other words, even if the third party infringement can lead to divorce, the innocent spouse parties for the maintenance of family unity in purpose did not choose to divorce, then the victim’s legitimate interests are not fully protected. To do this, we can learn from the advanced study of law at home and abroad theoretical results, based on our existing marriage laws and regulations, and actively contribute to convergence between legislation and reality, marriage guidance and positive values. Design marriage law rules, not just a code of conduct should also assume the value of the function and role of guidance, it is more emphasis on ethics and the law on the coordination of individual interests and social interests.Therefore, the establishment of a sound third party rights violations spouse relief system, not only to fill the gaps in our existing law, it is family harmony and effective way to maintain social stability.In view of this, this paper describes third marriage civil rights violations spouse relief system from three aspects:The first part, from the country of "third party" spouse rights violations legal system envisaged by the legislation, analyzes of shortcomings and deficiencies on a "third party" violation of the right to a spouse’s legal system, noting the establishment of a "third party" Spouse Right necessity and legal significance of legal liability system, strict "third party" responsible for the long-term stability to protect marriage, safeguard the interests of spouses and promote social harmony and development plays an important role in promoting.The second part of the legislation throughout the world, many countries and regions provides a "third party" against a spouse’s right to legal system, affirmed the "third party" liability. In this paper, a comparative study of the macroscopic world’s major countries and regions relevant legislation on "third party" against the rights of the spouse; linked to national circumstances will be from micro and legislation, analyze specific issues, to find out the relationship and difference, get our marriage legislation can learn from and improve our legal system.The third part, mainly on legislation to build civil liability for violations of the right spouse. Based on the theoretical and practical issues "third party" against spouses discussion on the right to enrich our marriage legislation, a clear right to the specific content of a spouse, the spouse violated the right behavior, responsibility and forensic manner way, and the establishment of a spouse right scope and amount of compensation for damages.