Research On The Tort And Relief Of The Third Party's Interference With The Marriage Relationship

Marriage relationship is a civil legal relationship established by men and women of equal age for the purpose of living together,The happiness of marriage life is the desire and pursuit of all people when they conclude a marriage.However,with the improvement of people's material living standards and the influence of relatively open culture in the West,more and more people are interfering with the marriage relationship of others,and the phenomenon of derailment of married people is also increasing.At the same time,when one of the spouses is physically injured due to the behavior of a third person,the married life of the other spouse will also be affected.At this time,the behavior of the third person will also interfere with the marriage relationship.All of the above acts will damage the stable marriage relationship and cause property and mental damage to one spouse or both parties.However,for situations in which a third person interferes with the marriage relationship as recognized by the public,that is "extramarital affairs","derailment",etc,?Marriage Law of the People's Republic of China?only stipulates the responsibility of the faulty spouse,there is no clear stipulation about what kind of responsibility and how should the third person bear responsibility;and there is no clear stipulation when a third person's behavior causes physical hurt and then interferes with the marriage relationship.Therefore,the author researches the problem of the third person interfering with the marriage relationship of others in order to find a proper solution for such problems.This article categorizes the third person and the interference,clearing that the "third person" includes not only the "third party" recognized by the public,but also sexual service providers,sexual bribes,family members,etc.At the same time,according to the attitude of one spouse,the interference is divided into interactive interference and one-way interference,and the degree of interference is judged according to the property and mental loss of the infringed person.It also has a positive effect on the targeted suggestions made later.Secondly,this article analyzes the legal benefits infringed by the third person's interference with the maritalrelationship of others,analyzes the constituent elements of the infringement,and maintains that the behavior which complies with the constituent elements constitutes is infringement.The author believes that the third person's interference with other people's marriage relationship infringes the personal dignity of the other person,and the infringed person has the right to file a lawsuit in accordance with ?Tort Law of the People's Republic of China?and other laws to remedy his legitimate rights and interests.Finally,through analysis of relevant regulations at home and abroad,the author put forward suggestions for improvement.The author tends to regard the third person's interference with other people's marriage relationship as an infringement,and the injured person can bring a lawsuit of infringement to protect their legitimate rights and interests.At the same time,the author puts forward corresponding suggestions and punishes the wrongful spouse.The harmonious and stable marriage relationship is the foundation for stable family and social relationships.Both husband and wife should abide by their fidelity obligations,understand and respect each other,and communicate more with each other.At the same time,other people in the society should also respect other people's marriage relationship,and all parties work together to avoid third persons from interfering with the marriage relationship of others.Marriage life has strong privacy and requires both parties to operate with care.However,for the wrong party in the marriage relationship,the law should also impose penalties to protect the interests of the wrongdoing party,and not only can the damages be filed at the time of divorce.