The Legal Responsibility Of Marriage "Third Party"

With the development of society, more and more new words are constantlyemerging including "mistress""affair" and so on. Some part of the reason is that withthe inflows of advanced western ideas, and social progress brought not only advancedtechnology and culture and also a lot of negative energy. Especially more and more"home wrecker" phenomenon is the product of this process, the concept of people forthis phenomenon is constantly changing. People turn the original exclusion, anger intoadvanced indifference, default, moreover even think it is a to be a show of the capital.In this materialistic society, moral condemnation has no avail, in this case it requireslegal step forward bravely, to the moral in the correct guidance and people’s behaviorin the correct orientation. Therefore, this essay discusses three chapters to attempt thisproblem sorted out.The first chapter based on two typical cases as the breakthrough point, from thenumerous civil law scholars and sociologists on the "home wrecker" of the definitionand scope definition."home wrecker" torts by legal marriage exists for the premise,"home wrecker" must be subjectively knowing that others have a spouse which cancarry out the improper sexual relations establishment and fault spouse’s behavior andresult in some damage consequences. In the "home wrecker" defined with the "homewrecker" phenomenon makes the marriage and family harmony to be guaranteedunder the current situation of clear on the "home wrecker" tort legislation necessity. Inaddition to the two cases of bigamy and destruction by the "criminal law" regulation of the military, in addition it should be applied to civil legal norms. And throughoutthe world for the "home wrecker" of the legislation, although different countries havedifferent cultural background and mode of legislation, there is the same choice of thelegislation to protect the injured spouse, so that "home wrecker" is a civil penalty.This is necessary to protect the rights and interests of the whole world, the protectionof women’s rights under the background of our country, is also worth learning.In the second chapter it shows the marriage status of this view based on thenature of marriage. After clarifying the marriage law and legal basis for "homewrecker" after the legal responsibility it should bear the legal responsibility and whatkind of civil liability. The establishment of the protection of spouse right is to help theinjured spouse right, spouse right belongs to the right of identity,"home wrecker" asthe spouse rights obligations on the bears must not violate the obligation of omission,in violation of the obligation of omission and as a form of infringement."homewrecker" can be used as the subject of separate, infringe the injured spouse the spouseright and property right; it can also be used as a joint defendant divorce cases, and thefault spouse common civil liability of joint. The civil liability can be shows by threeaspects specifically and they are the cessation of the infringement, an apology andcompensation.The third chapter puts forward ways regulation scheme proposed for thecondition of China’s "home wrecker" and judicial suggestions, in combination withthe above situation of legal remedies. For the "home wrecker" shall be specified in the"marriage law", the establishment of the spouse right adds a force for the injuredspouse rights of way. At the same time, divorce is no longer the premise of the injuredspouse claim for damages, the spouse right as an independent right exists. The injuredspouse can make compensation for spiritual damage and property damagecompensation "collateral damage, liability for home wrecker" should be with the faultspouse assume collective tort caused by. For evidence of the injured spouseprosecution should adopt to relax the policy, the relevant provisions of thecompensation for mental distress related to mental damages in china. Through this essay it committed to a comprehensive and detailed discussion onthe "home wrecker" problem and I hope to help China in "the problem of constructingthe system of civil liability to home wrecker". Let’s focus on the construction ofstepped up on the "home wrecker" the problem of the system and the construction of aharmonious society power.