Research On Tort Liability Of Third Party Involved In Marital Relationship

According to statistics,in more than 34,500 divorce cases handled in Fujian province in 2017,the proportion related to third party involvement was as high as 47.36 percent.The interference of a third party not only infringes upon the lawful rights and interests of the innocent party's spouse,but also constitutes the trampling on the basic spirit of the marriage law and violates the legislative purpose of the marriage law.As China does not have a relatively perfect legal system,it imposes legal sanctions on the torts of a third party,resulting in that the spouse of the party without fault is unable to seek relief through the law.Based on the actual cases,this paper makes a detailed analysis and elaboration on the relevant contents of the third party's tort liability,and puts forward legislative Suggestions on the investigation of the third party's tort liability in China,so as to further improve the relevant laws and better protect the legitimate rights and interests of the innocent spouse.Apart from the introduction of the first chapter and the conclusion of the last chapter,this paper has five chapters.The second chapter,through the introduction and analysis of typical cases,clarifies the main problems reflected in the cases;And through the elaboration and analysis of the mainstream views of the scholars about the third party to bear the tort liability,the author's views are summarized.The third chapter gives the definition of the third party in the marriage relationship,and through the analysis of the third party's tort mode and the object of tort,the third party's infringement on the marriage relationship of others to make an accurate identification.Chapter four analyzes and elaborates the constitutive elements,legal basis and imputation principle of the third party's tort liability.The fifth chapter,from the overseas and our country Taiwan,Hong Kong area legislation situation and the practice comparison analysis obtains to our country legislation inspiration,summarizes our country present stage regarding the investigation third party infringement liability legislation flaw.Chapter six,based on the analysis and research above,puts forward legislative Suggestions on the investigation of third party tort liability in China,hoping to better safeguard the legitimate rights and interests of the spouse of the innocent party in the practice process.