A Study On The Tort Liability Of The Third Person Interfering With Marriage

From the perspective of the development of social practice,the third person in the community to "adultery","cohabitation" and "bigamy" behavior interfere with the phenomenon of marriage and family of others intensified,has been seriously violated to the marriage of the legitimate rights and interests of No-fault spouses and social order.Therefore,the law is time to intervene in the field of moral adjustment,incorporate such acts into the legal system.This paper will be based on the current situation of legislation and practice in our country,and use the methods of literature analysis,comparative analysis,case analysis and theory to practice and so on.From the theory related to the concept and content of "third party",this paper expounds the rationality of its regulation and the nature of the infringement of third parties.On this basis,combined with China's current legislative situation and judicial practice to analyze our legislation on the "third party problem " of the shortcomings,and put forward relevant measures to solve the "third party problem" to protect the legitimate rights and interests of individuals,To promote the healthy development of society.In addition to the introduction and conclusion,this paper is divided into five parts:The first part introduces the related cases involving the third party to interfere with the legal marital relationship of others,and introduces the development situation of the "third party phenomenon" in our judicial practice in our country,And the discussion of the "third party's interference with the marital relations of others" is derived from the question of the third party that is reflected in the case.The second part introduces the identification of the third party's interference with the nature of the marital relationship behavior.Through the definition of "third party",the third party interferes with the type and nature of the marital behavior of others,and further explains that the third party is responsible for infringement the legitimacy of responsibility.The third part introduces "third party" infringes another person's legal marital relationship of The principle of liability for fault liability and the four constituent elements of tort liability.The fourth part introduces the legislation and practice of Anglo-American law system and some major countries in civil law system,so as to analyze the problems in the current situation of legislation and practice in our country.The last part is based on the above analysis of China's No-fault spouse's relief dilemma and put forward the corresponding system of tort liability.