Third Party Legal Liability In The Marriage

“Home and country, the country and the world.” Marriage and family is the basic unit of human society. To society harmonious and development, we must maintain our small home that is running stably. But in recent years, with the development of society, Chinese divorce rate has been increasing. Among them, the Third Party is one of the main reasons of breakdown of marital relations. In order to build a socialist country under the rule of law and the consolidation of a new situation of harmonious society, we must pay attention to the problem that behavior of a third party who get involved in others’ marriage and family. Infringement of third party marriage and family relations legal regulation of this behavior, which is not only for good for the legitimate rights and interests of both spouses and family members, but also it is related to the interests of the whole society, which has a vital effect to promote social harmony and stability.In real life, with the influx of western liberal thought, people’s traditional ideas are affected constantly, and more and more open, which bring us benefits, at the same time caused great threat. This article discusses marriage and family relations,so this phenomenon is reflected in the marriage relationship, mainly to“others get involved in marriage and family in a third party phenomenon ”. Currently, the third party intervention community becomes more and more serious, which have many negative impact on that normal development of China’s political, economic and other matters.Wherein, in marriage and the family, misconduct of the spouse and a third party make a loss on no-fault party spouse, which, in Chinese current legal system is difficult to get the full relief. The main reason of relief incomplete is the lack of China’s current legal system. On civil liability for compensation, no-fault party only puts forward for the fault spouse, and the third party will not be subject to any liability. As can be seen from the above analysis, China’s current legal system, for the protection of the legitimate rights and interests of no-fault spouse, is not obviously comprehensive.Therefore, to establish a perfect relief system on relationship between husband and wife against a third party is imperative. In this paper, with empirical research, literature analysis, historical research, comparative studies and other research methods, the author analyzes the reasons for the third generation、influence and behavior, compares domestic and foreign legislation, and summed up the reality of the need for a third party to bear legal responsibility. Finally, the author analyzes the specific responsibilities to a third party to improve relevant laws, and calls for the liability to the third party on irrupting marriage relationship into relevant legislation, in order to actively promote convergence between the law and reality, in order to better protect the legitimate rights and interests of the parties.