Research On Damage Compensation For Interfering Marital Relationship

The harmonious marriage relationship between the two parties is not only the cornerstone of the happiness of both parties to the marriage,but also the core of the family's bright future.However,the marriage relationship is also one of the most vulnerable social relations.With the deepening of the concept of freedom of marriage and love,frequent marriages,squatters,and adultery are common occurrences,and even form a bad habit,leading to a constantly rising divorce rate.With the stimulation of foreign concepts and environmental changes,people are no longer so sensitive to traditional moral concepts,and the hope of moral breakdown to prevent the breakdown of the marriage relationship is shattered.At the same time,the limitations and lags of China's current relevant laws have led to how to resolve the damage compensation that interferes with marital relations.This article aims at this phenomenon,starting from the nature of marital relations and interfering with marital relations,combined with the analysis of the extraterritorial law's provisions on interfering with marital damage compensation,sorts out the current situation in China,analyzes the existence of legislative deficiencies,and finally proposes perfect recommendations.In addition to the introduction and conclusion,this article is divided into five parts to discuss related issues:Part ?: Overview of Marital Relationships and Disruptive Marital Relationships.Clarify the nature and characteristics of the marital relationship,and at the same time explain the “interference” and “third party” that interfere with the marital relationship,and determine the type of interference with the marital relationship.Part ?: An analysis of the rules and regulations of extraterritorial violations of compensation for marital damages.Discuss the regulations and changes in extraterritorial violations of compensation for damages to marital relationships,and explore the areas of experience that we can learn from.Part ?: The analysis of the status quo of the theory and practice of China's damage compensation for interfering with marital relations.To discuss the legal doctrine of infringement of existing marital relations,identify the infringement laws and regulationsthat interfere with marital relations,and select typical cases that interfere with marital relations,and summarize the case and judgment basis.Part ?: The analysis of China's legislative defects on interfering with marital damage compensation.Combining with the existing regulations on interfering with marital relations in China,the author analyze the basis of damage claims,the main body of responsibility,the realization time of claims,the scope of liability for damages,and the relevant burden of proof system,and find out the drawbacks of its legislation.Part ?: Suggestions for improving China's damage compensation for marital relations.In combination with the legislative deficiencies in the fourth part,each of them put forward suggestions for perfection so as to construct a system for interfering with the rights and interests of affected spouses in the marriage relationship.