Third Party's Tort Liability For Intervening In Marriage

In recent years,the number of divorce cases caused by the involvement of a third party in the marital relationship has been increasing year by year,and the physical and mental health of the no-fault spouse has been seriously harmed due to the improper relationship between the faulted spouse and the third party.Though,China's current "marriage law" has given the no-fault party partner shall have the right to filed a divorce compensation for damage,but its the right to receive damages should be to remove both the marriage as the prerequisite,to step in legal relationship of the third party,its may be bigamy,destroy the military crime from criminal responsibility,no-fault spouse still don't have the right to appeal to the tort damages.It can be seen from this that it is difficult for the existing civil norms to make the third party involved in the legal marriage to bear the liability for damages and to protect the legal rights and interests of the innocent spouse.In order to solve the above problems,the author thinks it is necessary to establish and perfect the relief system for the spouse without fault,and legalize the spouse's rights.It can also make the faulted spouse and the third party bear the liability for damages,thus reducing the divorce cases caused by "keeping a second wife" and "keeping a second husband" in life and creating a good social fashion.On the basis of the existing theoretical research on the third party's intervention in the legal marriage relationship,this paper will combine relevant cases,based on the current situation of China's legislation,and draw on the relevant overseas legislative experience,and put forward legislation Suggestions suitable for China.In addition to the introduction and conclusion,this paper mainly consists of four parts: the first part,from the typical case leads to the "holding a second wife" in the divorce case,the legal rights and interests of the spouse without fault can not be fully relieved,and then elaborates the concept and characteristics of the third party and introduces the main types of the third party involved in the legal marriage;The second part,from the perspective of the four elements of infringement,demonstrates that the third party's interference in the legal marriage constitutes infringement,and then defines the object of the right of the third party's interference in the marriage as the right of the spouse from the perspective of the relevant concepts of the right of the spouse and the necessity of determining the right of the spouse.The third part,the selection of Anglo-American law system represented by Britain,the United States and the continental law system represented by Germany,Japan discussed two important legal systems for a third party in marriage and deal with the rules of this behavior,in contrast,our country third party liability shall be pursued system legislation,the legislative status quo of development and legislative defects,on the outside and our country's legislative commentarial analysis and summary.The last part,draw lessons from foreign legislative cases using the method of comparison,proposed suits our country's legislative Suggestions,which claims that our country should be to legalize the spouse rights,and perfect related relief system on the basis of this,better solve the frequent practice by a third party in marriage and divorce in the case of no-fault spouse rights relief.