Research On The Tort Liability Of The Third Party Intervening In Marriage

With the continuous progress and development of society,material life continues to be enriched and improved,modern technology products are increasing,communication is becoming more and more convenient,and people’s life pursuits and interpersonal relationships are becoming more and more complicated.In a modern society with diversified marriage ethics,due to differences in gender and marriage concepts,some unhealthy relations between the sexes,such as “ derailment ”,“contracting mistress,” “raising lover,” and “third party” frequently appear.Intervention in the marriage relationship has led to the breakdown of marriage and family relations and even divorce.This has severely damaged my country’s socialist monogamous system,violated the ethics and morals of socialist marriage and family,and violated socialist public order and good customs.However,with regard to the current legal system in my country,most of the solutions to cases involving the involvement of a third party in a marriage relationship only occur in divorce proceedings.The innocent party can request the party at fault to pay for divorce damages,and the subject of liability for compensation is limited to The spouse who is at fault,and there is no punishment for the third party involved in the marriage,the third party is not afraid of it,and at the same time the non-faulty spouse is also aggrieved.This will lead to the emergence of family crises and even more vicious events,which will affect the stability of the society.In the face of this situation,perfecting the legislative mechanism as soon as possible and constructing an effective relief system is of great significance to safeguarding the legal rights and interests of fault-free spouses in the marriage relationship and maintaining the harmony of family relations and social stability.This article is divided into four parts.The first part is a study on the basic issues of third parties’ involvement in marriage relations,clarifying the concept of third parties and the existence of three forms of bigamy,concubine and adultery when third parties are involved in marriage relationships;the second part explains The status quo of China ’ s legislation on third party involvement in marriage relations and the existence of a series of issues such as the unclear basis of the claim,the unclear nature of the infringement,the over-generalization of the law,and the lack of third party liability;the third part compares the civil law Some countries with common law systems and some countries in the common law system and Taiwan region of China have different regulations on third parties involved in marriage relations;the fourth part is based on China’s national conditions,combined with some issues in China’s judicial practice,from the legislative level and other levels,Put forward relevant suggestions: establish the concept of spouse rights in legislation,based on spouse rights,analyze that the third party’s involvement in the marriage relationship is actually a tort,and determine the tort liability and constitutive elements of the third party’s involvement in the marriage relationship,divorce Compensation for damages,compensation for mental damages,and punitive damages play a role together.At the same time,they play the role of typical cases and guiding cases of the Supreme People’s Court.It is hoped that the interests of non-fault spouses in the marriage relationship can be protected to the greatest extent,and it can provide some for China’s legal construction.reference.