On The Third Party 's Legal Liability In Marriage

Marriage, based on the sexual relationship, is a serious kind of social relation and contains commitment and responsibilities meanwhile. To adjust the spouse right is not only related to the interests of both husband and wife, but also related to the interests of the other family members. Also, it’s involved the interests of the whole society. In recent years, with the further reform and opening-up, China’s economic system has undergone profound changes, at the same time, some phenomenon about a third party such as bigamy, cohabitation are emerging, which cause that the legitimate rights and interests are violated, and lead to the serious infection on the family and society. It’s thought that the third party in the marriage belongs to the ethical category, and the problem should be adjusted by morality and regulated by the public opinion. However, impotent morality and public opinion urge that it’s necessary to make and improve the law. Therefore, it will be the general trend to establish the third party responsibility based on violating the spouse rights, and to regulate the behaviors so as to maintain an equal, harmonious and civilized marriage and family relationship. Modern law experts think laws should protect the rights in marriage too. Also, laws should give remedy to the vulnerable side in the legal marriage so as to guarantee the steadiness and development of marriage and society when spouse right is violated maliciously by the third party. Although China’s new marriage law has been proclaimed and come in force, and 3 judicial interpretations have been issued, the content of protection on the spouse rights is excessively simple and legal remedy system on the violated spouse rights has not formed yet, this is not helpful to defend the rights. On the basis of the phenomenon, further research was made on the third party liability with an active and responsible attitude in the paper, hopefully more attention will be paid to the responsibility problems caused by the third party, and also, some law aids can be provided on the spouse rights protection.