Research On The Legal Regulation Of Marital Behavior Of Violations Of The Right Of Spouse

Along with the reform and open policy, our country’s economy has made considerable development, the marriage and family problems in social life has become increasingly prominent, the high divorce rate, an intensified, and the accompanying family breakdown, squabbles, husband and wife love, distortion, and the resulting criminal cases, civil tort, juvenile crime, people’s lack of faith seriously disrupt the harmony of the society has to have to attach importance to the extent of the consequences.Extramarital affairs behavior exists not only violate the physical and mental health of spouse, damage the stability of family happiness, and breeding ground for corruption, vicious criminal cases such as serious social problems. Based on the analysis of the current legislative situation and abroad about affairs behavior of related laws and regulations, so as to find out our law to adjust an affair behavior of blank and imperfections: increase in the marriage law provisions of spouse rights, the concept of spouse rights and duty of loyalty, the obligation of cohabitation rules; Clear civil law adjusting range of an action, will be involved in the "marriage law" to "bigamy or person who has a spouse living together with others" to "bigamy, the person who has a spouse living together with others or breach of duty of loyalty between husband and wife". Add a third person outside of marriage as a tort liability subject; To perfect the rules of tort liability, will stop the infringement, to apologize, to eliminate the influence, rehabilitation, physical damages, mental damages as violation of spouse rights responsibility; To include marital tort in the law, prevent marital tort, to provide legal relief way, between husband and wife suffered a further respect and safeguard human rights. The body of this paper includes five aspects:The first part is the introduction. Mainly introduced the paper selected topic background, research significance, research methods and research involves the innovation points.The second part introduces affair behavior in our country the status quo, form of extramarital behavior are classified, by understanding the status of an affair behavior from the analysis of the reason and analysis there is an affair behavior harm, from the personal, to the family, to the society and the country angle analysis.In the third part, from the legal theory analysis of legal affair of the necessity of the adjustment, which includes three aspects: ethics, morality, marriage system. And to further explore the main problems existing in our civil law adjustment of extramarital behavior.The fourth part mainly introduces the other countries and Hong Kong, Taiwan area in our country about the general situation of the legislative affairs behavior, and to adjust the affair behavior of enlightenment to our country.The fifth part puts forward legislative Suggestions for adjustment affair in our civil law behavior. Mainly from the perspective of the five analysis: it is clear the concept and contents of spouse rights; The second is about spouse rights affair behavior adjusting range; Three is the compensation liability subject for infringement spouse; Four is the responsibility on the part of violations of the spouse rights and species; Five is about the marital tort litigation.