Research On Civil Liability Of Marital Consortium Violated By The Third Person

In today's society,the foundation of a family is the husband and wife registration of marriage in the civil affairs department,establishing a legal and effective marriage relationship.However,the involvement of the third party is a violation of the legal relationship between husband and wife and infringement of the right of the spouse,which is not allowed by law and morality.If the third party knows that the other party has a spouse,it has an illicit relationship with one party,and even conducts acts of sabotage of its own marital relations for its own sake.It is not only morally condemned and criticized,but also should be subject to Legal sanctions.However,in the current legal system of our country,only the third party infringes upon the criminal responsibility for the right of spouse,and does not make specific provisions on the civil liability that it should bear.For the establishment and perfection of the legislative protection of spouse rights is placed in the current China is compiling the "civil law" marriage and family chapter has some reference significance.This paper mainly studied the civil liability of the third party violating the right of spouse,the main research contents and conclusions include:The first part is the summary of the civil liability of the third party infringing the spouse's right.First of all,from the concept and characteristics of spouse rights,the spouse rights are explained in detail.The concept and characteristics of the spouse rights are extended to the concept and characteristics of the third party's civil liability for infringement of the spouse's rights.Combined with the principle of imputation of the Tort Liability Law,the principle of fault presumption is applied to the analysis of third party civil liability for infringement of spouse rights.And from the violation of law,damage to the facts,causation,subjective intentional four elements of infringement to third party infringement of spouse rights civil liability.The second part is through the analysis of the relevant laws and specific judicial cases,and concludes that the third party violates the civil liability system of spouse rights.The specific performance is as follows: The legal system of spouse rights has not been established,the third party has not been listed as the main body of civil liability,the scope of compensation,the amount of compensation,and the mode of compensation are unreasonable.The existence of these problems has caused certain troubles for the no-fault spouse to use the law to protect their own legitimate rights and interests,which directly affects the use of the law to punish evils and promote the role of good.In the third part,through the study of the legislation of Britain,the United States,Germany,France,Japan,and Switzerland,we have combed and analyzed the successful experiences of the civil law systems of the Anglo-American and civil law countries against civil liability for third-party infringement of spouse rights.It is considered that the civil law system is worthy of our country's reference in legislation requiring spouses to love and help each other,and that the spouse's right to claim compensation for damages in accordance with law shall be used for reference.The Anglo-American law system is clearly worthy of our country's study in laws that expressly protect the spouse's rights,explicitly provide for the infringement of the spouse's rights and relief system,and the law clearly defines the third party as the subject of damages.Summarizes the enlightenment from the legislation of the third party legal infringement of spouse's civil liability in the two major legal systems,and believes that the right of spouse should be legislated,the third party should be clearly defined as the main body of responsibility,and the third party tort compensation damage legislation should be perfected.The fourth part is about the problems existing in the third party's civil liability system that infringes on the right of spouses,and proposes perfect suggestions.From the establishment of the spouse right system,the definition of the third party as the main body of responsibility,the reasonable definition of the scope of compensation,the amount and way to improve the deficiencies.In establishing the spouse right system,two specific concepts are proposed.One is to establish a single spouse's rights system in the Marriage Law,and the other is to increase the content of the spouse's identity rights on the basis of relevant provisions of the Marriage Law.In clarifying that the third party is the main part of the responsibility,it distinguishes between the third party's sole assumption of tort liability and the joint assumption of tort liability with the faulty spouse.The third is to reasonably define the scope,amount,and method of compensation,mainly from the perspectives of material damage and mental compensation,and provide specific recommendations on the scope,amount,and mode of compensation.