Research On The Legal Issues Of The Third Party's Interference With Marriage

With the development of the times,great changes have taken place in the way of social life in China.This change is particularly evident in marriage and love relationships.Since 80s and 90s,the idea of sexual liberation and freedom of marriage and love in the West has made people feel like a spring breeze,but also to the pursuit of emotional stimulation,in the marriage relationship to provide a favorable soil,causing third people to interfere with the marriage of marriage caused by the failure of others emerge in endlessly.In such a situation,the current laws and regulations of our country are not fully perfected,and the relevant legislation can not be set up fully,so that the relevant people who have been interfered with the interests of the third parties to the marriage relationship are no longer available.Therefore,it is extremely important to build a complete system of laws and regulations.Therefore,through structural analysis and comparative analysis,this paper studies the problems of the third parties' interference in marriage,and hopes to provide some reference for solving the relevant legislation and the problems in the legal practice.In addition to the introduction and conclusion,the text is divided into four chapters.The first chapter is about the basic legal issues involved in the third parties'interference in marriage relations,and discuss the relationship between the third parties' interference in the relationship of morality and the law,the necessity of setting up the right of spouse in the legislation,and the relevant legislative status of the marriage law in China.The second chapter is about the extraterritorial legislative experience of the third parties interfering with marriage relations,introducing the relevant legislation of Germany,France,Japan and the Taiwan region of our country,analyzing the advanced experience in the extraterritorial legislation and providing reference for the relevant legislation of our country.The third chapter is about the right foundation of the third to interfere with the marital relationship,that is,the introduction of spouse rights.The concept and content of spouse rights and the identification and composition of the corresponding third party liability are discussed.The fourth chapter is to solve the problem of the third parties to interfere in the marriage relationship,by clarifying the right of spouses and defining the responsibility of the third to provide the corresponding legislative proposals for the third parties to interfere in the marriage relationship.