New Challenges And Legal Responses To Spousal Fidelity Obligations In The Internet Er

The duty of fidelity of husband and wife is a legal obligation,which is of great value in maintaining the harmony of husband and wife,family harmony,social stability and promoting the improvement of social morality.With the increasing emotional needs between husband and wife and the gradual increase in divorce rate,the duty of loyalty of husband and wife has a practical necessity in coping with marital emotional crisis and advocating socialist core values.With the advent of the Internet age,the fulfillment of husband and wife’s duty of loyalty is facing new challenges.New types of cheating behaviors such as online marriage and online dating and naked chats that use the Internet and social media software as the medium are increasing;compared with prostitution,whoring,cohabitation and other cheating methods,these new cheating behaviors are not only more convenient and concealed,but also lack targeted laws and regulations to deal with it.It regulates.Through the statistical analysis of 94 judgments of marriage and family disputes in my country,it can be seen that Chinese courts generally do not grant divorce judgments for new types of infidelity such as simple online marriage and online love,and generally do not support the request for damages by the innocent party.In the Internet age,the duty of loyalty of husband and wife faces legal difficulties such as lack of individual actionability,non-uniform behavior determination standards,and difficulties in collecting and presenting evidence.The reason is that the judiciary insists on the "advocacy clause" of the husband and wife’s duty of loyalty,the scope of the duty of husband and wife’s loyalty is ambiguous,and the lack of effective means of legislation leads to inconsistency in logic.In order to deal with the legal dilemma of the duty of loyalty between husband and wife in the Internet age,by studying and learning from the systems of duty of loyalty between husband and wife in France,Germany and the United States,combined with the actual situation in our country,we can clarify the nature of the duty of loyalty of husband and wife,which is not an "advocacy" clause,and clarify the specific scope of the duty of loyalty of husband and wife,Taking online marriage and online dating as a consideration factor for determining emotional breakdown,clarifying that judges have the obligation to admonish and educate,and constructing a new comprehensive coordination and resolution mechanism for family disputes,etc.,to think about coping strategies.