立法惩罚“第三者”:理性的选择

Legislative Punishment of the Third Party: A Rational Option or a Historical Retrogression

新《婚姻法》出台后,关于是否应立法处罚介入婚姻家庭关系的第三者问题引起了众多的争议。立法惩罚第三者,究竟是历史的倒退还是法律理性的选择呢?本文从民法的公平价值理念和婚姻法的立法主旨角度出发,分析认为第三者介入合法婚姻家庭关系,实质上是对无过错配偶的配偶身份权益的粗暴侵犯,理应追究其侵害配偶权的损害赔偿责任,同时对于实践中第三者的认定问题进行了探讨。

Since the new version of marriage law was announced and published, a widespread argument has been sparkled around the issue of whether a law should be made to punish the third party who intrudes into the family relationship. Is the legislative punishment of the third party a legally rational option or a historical retrogression? From the angle of the equity value of civil law and the legislation of marriage law, this paper analyses the above issue and concludes that the third party's intervention in legal marriage relationship substantially is a kind of rude aggression toward the rights of paternity of the innocent party in the family, and compensation for damage should be made on the involved third party. Meanwhile, this paper makes a series of explorations into the confirmation of the third party in reality.