On Third Party marital and family problems（第三方的婚姻和家庭问题）.doc

1On Third Party marital and family problemsAbstracts are currently due to third party interference caused by a large number of divorce disputes. This will be through our legislation specific cases to illustrate the lack of protection for the rights of spouses; marriage and family through third party interference Rethinking argumentation established third party interference liable for marriage and family issues and practical significance to solve marital Third Party a few personal family problems and questions here. Paper Keywords Tort Liability Third Party Marriage and Family I. Reasons (A) the wife sued the ‘third party’ losing noted ‘Legal Daily’ article reported that his wife sued the third infringement, won the first trial, second trial courts quashing the verdict, dismissed the prosecution in the end. Why? Court of second instance to the existing Marriage Law Article, the provisions of Article VI and the Supreme People’s Court judicial interpretation of the Marriage Law of the current (a) of Article III, the 2provisions of Article 29, that the case is not a people’s court case range The plaintiff sued the lack of legal basis for a third party; Also, according to the relevant provisions of the above legal provisions, a third party outside of marriage not assume liability for violations of the right to subject the spouse, so his wife Zhang € Chan bristles scandium take skullcap cover bad Fold? (Two) ‘third party’ openly requirements and first wife split heritage court case, a third party with the decedent during his lifetime had improper relations between men and women, which will be the property of a certain gift former, there has been the scene of his death . The Court ultimately concluded in favor of a third party. Although the above two examples is the case, but the reason, apparently because of the lack of current law. Of 2001 revised ‘marriage’ does not introduce ‘spouse right’ concept, but in the Article IV between husband and wife, ‘be faithful’ obligations, which means that between husband and wife each of the faithful is a statutory obligation to pay but not a third party obligations, a spouse can not take this law to sue a 3third offense. Another example is the ‘Marriage Law’ Article 46 provides only for bigamy, cohabitation with others lead to divorce, the right to seek compensation before an error-free, that Third Party did not lead to a divorce, can not claim damages; against bigamy, forms of cohabitation outside third party interference can not apply for compensation and liability subject only innocent party mates. Similarly in the criminal law, ‘bigamy’ can only punish ‘bigamy’ such a third party interference behavior. Blank allows third-party legal impunity, intensify and flooding society. Second, the third party liable for infringement of reality (A) on the so-called Third Party Recognition of marriage is third party interference in a person other than the couple relationship and marriage with a party or other improper behavior gender relations and thus hinder marriage behavior. It is characterized as follows: First, the subjective aspect of a third party must be intentional. Others knowing that a third party has a spouse, but still want to maintain the relations between the sexes or ambiguous relationship with them. If you 4are unaware, I wonder if the other spouse has been married or intentionally concealing the identity of the other cases, the occurrence of gender relations, to third party interference should not be punished. In the above scenario, initially unaware of others began their relationship with a spouse married to know each other as if the initiative to cut off contact, it is not punishable by a third party, if already know the truth still maintaining an improper relationship with , willful obstruction of marital relations to others, it should be recognized as having a third party subjective conditions. Second, there must be a third party objective aspect prejudice the fact that marriage and family relations. The fact that the performance of others to maintain long-term relations between the sexes with a spouse or ambiguous relationship, that is, there must be intervention behavior. Third, the third party involved in violation of the object is a legitimate marriage. This is also the essence of third party intervention. Because of monogamy, but rather a third party get involved in a legal between husband and wife, is clearly the destruction of legitimate marriage. Fourth, Third Party causing damage to others the 5consequences of marriage and family, and even cause divorce disputes. (Two) Third Party dangers of marriage and family first, and obstruction of the family, harm to society. Monogamous marriage and family relationships are built on emotion statutory above the world’s most intimate relationship, once the feelings of crisis, faithless, and shortly it will become the world’s most indifferent relationship. As third party interfer。