Research On The Legal Issues Of The Paramour’s Infringement To Spouse Rights

Since the reform and opening up,with the influx of new culture in the world,people’s sexual concept is also more and more open,but the consciousness of chastity is in creasingly weak.Every year,a large number of families break up due to the involvement of paramour in our country,and the stability of marital relationship has suffered an unprecedented severe blow.However,China has only made rough regulations on the chastity duty and loyalty duty between husband and wife,and the lack of legislation gives a great opportunity to paramour in the marriage relationship.Under such social and legislative background,the establishment of spouse’s right and the construction of paramour’s tort liability system for infringing spouse’s right are very important.First of all,through sorting out the theoretical disputes in the a cademic world.Based on the research perspective of this paper,the concept of paramour and the way of paramour infringement are briefly summarized,and the constitutive elements of paramour infringement of spouse’s rights are put forward.Then through the investigation of foreign legislation related to the rights of spouses,explore the reference value of foreign legislation to China’s legislation.Secondly,the current situation of legislation and practice of our country present stage the spouse rights,discovered our country present stage of spouse rights legislation imperfect duty of loyalty rules of spouse rights The lack of the provisions of the civil liability for infringement of rights of paramour Tort scope too narrow Law relief if single,etc,thus caused the applicable law issues in the judicial practice difficult.In judicial practice,there are problems such as improper allocation of burden of proof by the original defendant and too high standard of identification of the legitimacy of evidence brought by the original spouse to Sue for tort.In view of the above problems,it is suggested to clarify the guiding principles of the legislation on spouses’ rights,and to add relevant provisions on spouses’ rights to the legislation to clarify the civil liability of paramour for infringing on spouses’ rights The marital tort system should be established to protect the rights and interests of spouses through legislation.Thirdly,in judicial practice,on the basis of the realization of the law,the burden of proof of both sides should be balanced to moderately relax the judgment standard of the legitimacy of evidence.Finally,due to the strong ethical and moral properties of paramour infringement of the rights of spouses,judges should make reasonable use of their discretion in practice to better protect the legitimate rights and interests of no-fault spouses in addition to strengthening legislation and improving the relevant systems.To sum up,only clear the concept and content of spousal rights,legisla tion to add spousal rights,clear paramour infringement of spousal rights tort liability.The paramour liability system should be perfected from the Angle of legislation and judicature so as to better protect the legitimate rights and interests of the no-fault spouse in marriage relationship.