Research on the Legal Liability of the Third Party for Infringement of Spouse Rights

Authors

  • Ziying Fang

DOI:

https://doi.org/10.54097/4fwt4066

Keywords:

The Third Party, Spousal Rights, Tort Liability

Abstract

In today's society, with the increasing economic level and the continuous expansion of people's openness, people's sexual consciousness is more pursuit of self-satisfaction, but the concept of chastity gradually collapsed. In recent years, the divorce rate in our country is getting higher and higher, one of the most important reasons is the intrusion of the third party. At present, China lacks the relevant legislation of spousal rights and the accountability mechanism for the third party's infringement of spousal rights. Therefore, it is increasingly urgent to perfect the relevant laws to regulate the increasingly rampant extramarital sex. First of all, through the comprehensive analysis of the theories of the third party in different academic circles, this paper defines the concept of the third party and the related contents of the spousal rights. At the same time, this paper makes a concrete analysis of the behavior and characteristics of the third party's infringement of spouse rights. Secondly, this paper analyzes the legal problems and practical dilemmas in our country in the third party's infringement of spouse's right. Finally, this paper puts forward specific suggestions for the problems mentioned above in China. In a word, only by filling and perfecting the relevant legal gaps of third party's infringement of spouse's rights can we better protect the legitimate rights and interests of no-fault spouses, and maintain judicial justice and social fairness.

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References

Yuan Shanshan. Research on spousal rights [D]. Northeast Normal University,2012.

Yang Lixin. On Personal Rights Law [M]. Beijing: People's Publishing House,2002.766-799.

Yin Haiwen. [J]. Journal of Huaihua Teachers College,2000, No. 3.

Yang Lixin. Marriage and Family Inheritance Law [M]. Beijing: Beijing Normal University Press, 2010.

Wu Changzhen. Marriage and Inheritance Law [M]. Beijing: China University of Political Science and Law Press, 2011.

Li Yingshuo. Violations of the law of spouse rights of a third party research [D]. The northeast agricultural university, 2022. The DOI: 10.27010 /, dcnki. Gdbnu. 2021.000873.

Sun Man. The Legal liability of third party's infringement of Spousal rights [J]. Law and Society, 2015(04): 240-241.

Liu Ai. Research on Civil Liability of "Third party" for infringement of legal marital Relationship [D]. Xinjiang University,2015.

Dai Ying. The intervention of a third party in marriage tort liability research [D]. Jilin university of finance and economics, 2020, DOI: 10.26979 /, dc nki. GCCSC. 2019.000368.

Cheng Chaoran. On compensation for mental damage of third party's infringement of spousal rights [J]. Journal of Pu 'er University,2016,32(5): pp. 45-47.

Li Mengling. No-fault spouse v. third party judicial referee evaluation [D]. Hainan university, 2023. The DOI: 10.27073 /, dc nki. Ghadu. 2021.000739.

civilian career statistical bulletin, 2022, https://www.mca. gov.cn/n156/n2679/index.html, the last access date of 2023-10-13.

2017 Chinese marriage, divorce, top 10 cities population data analysis and analyzing main reasons for divorce, China industry information network, https://www. chyxx.com/ industry/ 201709/564406.html, last visit day 2020-12-24.

[the Beijing first intermediate people's court issued the housework management ] the paper at https:// mbd.baidu. com/ ma/ s/m73Osrp.

Civil Judgment of the Intermediate People's Court of Qujing City, Yunnan Province (2022) Yun 03 Min End 201.

Civil Judgment of Nanjing Intermediate People's Court, Jiangsu Province (2019) Su 01 Minend 5172.

Civil Judgment of Lucheng District People's Court of Wenzhou City (2019) No.6681 Minchu, Zhejiang 0302.

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Published

22-05-2024

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Section

Articles

How to Cite

Fang, Z. (2024). Research on the Legal Liability of the Third Party for Infringement of Spouse Rights. Academic Journal of Management and Social Sciences, 7(2), 20-23. https://doi.org/10.54097/4fwt4066