Research On Tort Liability Of Third Party Interference In Marriages

At present,with the rapid development of economy in China,people have become increasingly open-minded.Thus,the third party interference in marital relations has constantly occurred,which has affected marriage stability and social harmony.As for this problem,there is a great conflict between legislation and practice,and there also exists controversy in the academic field.Article 4 of "Marriage Law" of People's Republic of China stipulates that "husband and wife shall be faithful to and respect each other;family members shall respect the old and care for the young,help each other,and maintain equal,harmonious and civilized marriage and family relations".However,as this clause is only a guiding directive,it weakens the effect of the provisions.Article 46 also mentions compensation for damages,but based upon the Article 29,the non-fault parties shall not have the right to claim for damages.Hence,should third people interference with marriages be regulated? How could it be regulated? Whether it could be applied under the provisions of the Tort Liability Act of the People's Republic of China becomes the subject of this study.About whether third party interfering with marriage should be regulated,different countries and regions have different legislative attitudes,which can beclassified into three kinds.The first category is that the behavior of third party interfering with marriage in principle is not regulated,because the idea of marriage is dominated by individualism in these countries(such as Italy).Secondly,as time goes by,some countries change from the regulation of third person's interference behavior to non-regulation,or only regulation in special situations(such as England for the former and France for the latter).The third kind is consistent regulation of the behavior of third party interfering with marriages from beginning to end,whose main purpose is to safeguard the peace of marriage lives(such as Japan).Since there are much regional and cultural similarities between Japan and China,Japan's relevant legal principles and cases can be of reference to China.By means of literature review,this paper attempts to draw enlightenment for the relevant legislations and practices in China based upon the analysis of the evolution of legislation and the actual cases of Japan.Through literature analysis,comparative analysis and case study method,the author analyzes the related concepts and legal principles and explores regulations on the third interference of marriage tort under the existing legislative framework.The thesis consists of three chapters and the major contents are listed as follows.Chapter one is mainly about the definition of third party interference in marriage and the analysis of current legislations and practices.Through defining the third party and the concrete manifestations of the third party,the author tries to illustrate some enlightenment after analyzing the present laws and the typical cases.The second chapter is the legal analysis of third people interfering in marriage.Comparative analysis is used to discuss the related legislations of other countries and regions and academic disputes in China.Through the analysis of the harmfulness of the third party and the rationality of the legal regulation,it is proposed that the third people interfere with the marital relationship in our country and violate the relative right of spouse.In the third chapter,under the tort law,we draw the corresponding inspiration to the application of law in China through the legislation evolution and case analysis of Japanese law.Based upon specific analysis of questions like whether the third party violates the right or the legal interest,whether subjective intentionshould be taken into consideration,what are the causes of the damage caused by the third party and whether the claim holder is innocent or not,this paper concludes that the infringement of the third party's interference in marriage should be included in the scope of legal regulation.This article holds that the third party interference in marital relations should be regulated according to China's current law,judicial practice and public values.The fact that third party interferes with the marital relationship undermines the loyalty of marital relationship,the essence of which is the infringement of spouse's right.Since the right of spouse is protected by tort law,this article advocates the regulation of the behavior of third party interfering with marriage by tort law according to Japanese law.In the concrete analysis of infringement on the subjective intent of the third party,behaviors of jamming marriage include bigamy,cohabitation,adultery,which are illegal and should be punished by torts.When the third party is found to interfere with the damage of marriage,the breakdown of the couple's feelings should not be listed as one condition to determine the damage caused by the third party.In addition,the spouse's own fault does not affect the establishment of tort liability,but may have an impact on the specific amount of compensation for damages.