Research On The Third Party’s Interference With Marriage Relation

With the rapid development of our country socialist market economy, social life concept and way of life there has been a breakthrough change, this change has been fully embodies in the field of marriage and family. In the 20th 80’s century,the wave of reform has made people mind is brought spring breeze, sexual liberation and freedom consciousness gradually affect people’s concept of marriage and marriage even inflation, providing the soil for persons who are unstable and pursuing emotional stimulation and spiritual pleasure, and providing the third party a space involving in others’marriage. But the development of related current law in our country is backward, the rapid spread of unhealthy practices have not been established perfect regulation system to control this phenomenon, making the injured party helpless. Therefore, building the corresponding investigated mechanism and relief system has important practical significance. This article studies the third party’s interference of marriage relations through the main body, behavior, nature and responsibility, defining the scope of the main body and kinds of behavior.The third party interferes with the marriage which is a tort in line with the constitutive requirements.Study some controversial issues such as the object of the tort and its responsibility,combining with observing west law.These issues reveal the current situation of marriage legislation in our country.And make specific suggestions from two aspects of entity and procedure.There should be more legal restriction added on interference of marriage relation.I call for speeding up the pace of construction of regulation system of third party interference behavior, protecting legal marriage relationship and holding on the last line of defense. Morality and law should interact with each other in the field of marriage and family, containing unhealthy phenomenon and maintaining the social stability and orderly together.This article is divided into six parts:Part I:Research background and case study. This part explains the research background and significance of the subject, and connecting with the typical significance of judicial case which reveals our the third party’s interference of marriage relation problem in our country, pointed out the progress of the legislation and the defects in our country as well.Part II:The subject range and types of behavior about interference with the relationship. Distinguish with the related concept of "the third party", in-depth analysis of main body that in special circumstances, and the third party’s interference behavior classification.Part III:The nature of interference with marriage relation is maintained. Qualitative analysis such interference behavior belongs to the infringement behavior, the behavior constitute infringement, and through the comparative analysis about the infringement object of the dispute exploring the power base of the infringement.Part IV:The responsibility of disturbing others’marriage relationship is defined. Combining with outside analysis method pointing out that the fuzzy and dispute issues about legal responsibility existing in our country,to clearly define the infringer’s civil responsibility.Part V:Put forward perfect suggestions. From the aspects of substantive and procedural law advocating building interference mechanism of marriage and improving the injured party rights relief system.Part VI:The epilogue. In view of the present society "third party" across the unhealthy practices and widespread marriage crisis, calling for China to strengthen the corresponding legal regulation, containing unhealthy phenomenon.