On The Spouse’s Right To Beathird Party Violation Of Civilrelief System

The consortium, is based on the legal spouse identity resulting bodyrights collectively. Based on the marriage and the spouse rights system ofrights and obligations, couple negative duty of loyalty is the most essentialembodiment of marriage, but also the natural property and social property ofinevitable requirement. Although in many countries the marriage lawstipulates more spouse rights system, but whether the" marriage law" alsoshould establish the spouse rights system still has different points of view inour country.This paper argues, of law and morality simultaneously, to better protectthe legitimate interests of both spouses. In today’s society, in addition tofamily internal contradiction, the reason of family losing harmony and evenmore and more divorce disputes is another important factor in the third person.The third party violating the right of spouse is one form of spouse rights hadbeen violated.The third party violating the right of spouse should have four elements,namely the illegal act, damage fact, causality and subjective fault. Theacademia has different points of view about whether punishing third persons and fault spouse. Based on the third party violating the right of spouse forliability reasons investigation, this paper reputes that indicated by legislativepunishment of tort fault spouse and the third, for the innocent spouse reliefway, providing seeking equity interests of the parties and the maintenance ofmarriage the stability of the relation, has very important practical significance.The third party violating the right of spouse civil remedy system in thelegislation still is a blank, and the paper explores how to construct. Based onfinishing in the civil, administrative, criminal law norms, the article discussesthe connection of the three macroscopic, specifically analysis of marriage inthird tort liability for damage compensation and its characteristics, andfocuses on the third party violates the right of spouse’s compensation fordamage, especially the spirit damage compensate responsibility problems inconstruction.