On The Legal Adjustment Of Infringement With The Spouse Right By Extramarital Third People

Marriage relationship is the most basic relationship in the world, and also is a kind oflegal relationship protected and standarded by the law, it has an important position in theliving field. But with the development of market economy and civil society, the views onmarriage and family of people have been changed a lot, the cases like Keeping A Concubine(BAO ER NAI) and extramarital affairs become more and more. People place the badphenomenon to regulatory scope of moral principles for a long time, do not consider theessence behind the phenomenon is the infringement upon the spouse right. As an importantpersonal right, the spouse right is not only related to the interests of couples and society, butalso plays a part in stabilizing social order and keeping the moral system. In China at present,these has no a complete system of the spouse right, and has not established institution of thethird people civil liability, it makes the protection inadequacy about the spouse right in China.So, it has great theory value as well as practical significance that establishing system ofspouse right and adjusting the behavior of the third people about infringing spouse right.The author states the central issue of the article from the analysis about some casedecisions at the beginning, and then completes this article. First of all, define the range of theextramarital third people and his/her behaviors. Secondly, explain the concept and basiccontent of spouse right, then enumerate and evaluate the related legislations and cases of some foreign countries and China’s Hong Kong an Tai Wan about the spouse right. Thirdly,point out the problem protection inadequacy about the spouse right and demonstrate thecertainty of existence. Above of all, give the suggestions about the concrete rules of systemconstruction.The article is divided into the following five parts:Part One: Put forward questions. Through two typical cases above the injured party in acouple sue the third people, this section proposed the main issues what need to be discussed.Part Two: Definition the extramarital third people and his/her behaviors. This sectionintroduces the range of subject of extramarital third people and his/her behaviors firstly, andgives the yardstick of how to distinguish the behaviors.Part Three: A summary of the spouse right. This section explains the concept and basiccontent of spouse right, also gives the description about spouse right’s properties.Part Four: Review the legislations and cases of other county and China’s Hong Kong,Tai Wan. This section enumerates and evaluates the related legislations and cases about thespouse right of France, Japan, Switzerland, Britain, United States, China’s Hong Kong andTai Wan.Part Five: Some opinions on protecting the spouse right from the extramarital thirdpeople’s infringement. This section is the most important part in this article. It shows brieflythe current legislation about the protection of the spouse right, and then expounds thenecessity. Finally, give some opinions.