An Analysis Of The Legal Issues Of Third Party Infringement Of Spouse Rights

With the development of the society,third party involvement of others by way of adultery,cohabitation,associating marriage sex outside marriage have become common.The behavior of the third party directly hinders the marriage has a fault of one party for the implementation of the duty of loyalty,also violate the rights of no fault of one party accordingly.And bring marriage no-fault party a certain amount of material loss and endless spirit damage,only rely on moral to specification has not stopped the spread of the infringement of a third party.From the theory of law,the tort of a third party has investigated the necessity of civil liability,its constitutive requirements: subjective intent,illegal behavior,damage fact,causality between behavior and damage to the facts;Outside the legislative cases also suggests that a third party civil liability shall be pursued with possibilities.Only third party civil liability shall be pursued,a clear definition of the concept of spouse rights,change the traditional in divorce as the prerequisite to the status quo of the legal responsibility shall be investigated for the infringer,increase the third party for infringement responsibility main body,to the no-fault party's rights in marriage life better protection.