On The Tortious Liability Of "The Third Party" In Marriage

In the past three years,the phenomenon of third parties intervening in other people's marriages has repeatedly occurred.This phenomenon not only destroys families of other people,but also brings about bad social influence.Therefore,it is very necessary to establish a tort liability system for third parties.There are still deficiencies in the relevant laws of our country.In practice,some rights of the spouses are still not protected.At present,in our country's laws,there are no corresponding provisions on certain rights between spouses,which makes "third parties" when they infringe upon the rights between spouses,there is no corresponding law to impose sanctions on them,so that the infringed party Less than the protection of the law,it suffered unnecessary harm.Different from our country's laws,foreign laws have stipulated the acts of "third party"infringement,and the injured party can investigate the infringing person according to relevant laws.What we are most concerned about today is how to better protect the legitimate rights and interests of the husband and wife and give warning to the third party.At the same time,this topic is also studied as the main content of this article.This article mainly studies this topic from five perspectives.First,the current situation of China's current "third party" liability for torts is elicited from the classic case and analyzed.The reason why it cannot appear to be responsible for the "third party" is because a third party is required to sue for inadequacies.There is also a prerequisite for divorce on the relief of a no-fault spouse,and it elaborates on the establishment of a system of third party liability for torts.The academic community has different views and their advantages and disadvantages.Second,explain why it is necessary to investigate third party liability for infringement,that is,the analysis of rationality,from two perspectives.First,according to social investigations,we elaborated on the social harm of "third party"infringement,and secondly discussed the investigation of third parties.The legal basis of tort liability.Third,the nature of the third party behavior is defined,the concept of the third party is defined,and the principle of fault liability is determined to avoid extending the attribution of liability.Since the issue of the "third party" has particularity,the author believes that strict restrictions must be placed on the constituent elements and it is not appropriate to expand the scope of legal norms indefinitely.Therefore,according to the principle of imputation,it establishes the illegal acts,damages,causation,and subjective faults of the constitutive elements of the "third party" infringement of marriage.And whether it constitutes a problem of infringement under special circumstances.Fourth,improve the relevant laws concerning China's "third party"infringement and establish a corresponding system.The main contents include the establishment of spouse rights,the addition of a third party as the subject of liability for compensation,and the form of liability to bear.