Search On The Legal Role Of The Infringement On The Right Of Spouse

In recent years, divorce in China is high rate of rise. Most of which end of marriage because of the intervention of the "third party", leading to the breakdown of marital relations,eventually parted ways.But current marriage law in China did not the behavior of a third party against a spouse right to regulate it, the innocent party in a marriage can only be based on the provisions of section46of the Marriage Law to claim damages, it is not conductive to the innocent party.Therefore, we should establish a spouse rights system, a way of spouse relief and perfect the system marriage legislation, it can punish the third party rights violations against spouse and maintain the legitimate rights and interests of the innocent party.The first part of this paper is explored to the concept of the third party,the right to spouse and the third party against the right of the spouse.In order to define the characteristics of the right of the spouse and the third party violations against spouse.Third party involved in the marriage of others,it can infringe the the spouse rights of others and harm on marriage and family relations, it is a violation of moral judgment and lack of legitimacy.The second part of this paper is studied to current marriage law in China,combined with the actual situation of the community.It is a a brief analysis of the current marriage legislation, pointed out the defects of spouse rights and proposed the system of legal has established a third party spouse right necessarily.It plays an important role for the protection of the the marriage healthy development, maintenance interest of spouse.The third part of this paper is to compare with the legislation of the world’s national,regional third party against spouse right,whether civil law or common law system,each country provides a third party against the spouse the right legal system, through the analysis of legislation around the comparison to find out the similarities and differences. Our country can learn from other countries and perfect the marriage legislation.The forth part of this paper to discuss two aspects of substantive law and procedural law.It is based on the theory of the third party against,and proposed to improve it.The level of substantive law is the introduction of the concept of the right to spouse Marriage Law.It can establish appropriate systems, a clear third party against the right of the spouse behavior patterns and establish the right means of relief a spouse victims of violations. The level of procedural law mainly proposed the third party against the spouse, to apply the presumption of fault liability principle, coordinate victim forensics privacy conflict with the infringer, reasonable maintain to the rights of victims.