第三者插足侵害配偶权的法律问题

On Legal Issues that the Third Party Violates the Right of Spouse

配偶权是在合法婚姻关系存续期间,夫妻的任何一方基于自己的配偶身份而对另一方享有的权利,第三者对配偶权的侵犯主要是对配偶权核心内容贞操义务的违反。现实生活中,第三者插足行为导致婚姻家庭破裂的现象不断增多。为了维护婚姻家庭的稳定,保护受害配偶的合法权益,我国现行婚姻法必须完善对第三者插足侵害配偶权法律责任的立法。

Connubial rights are defined as the rights that a husband or a wife has, out of his or her status in a lawful marriage, against his or her spouse. In case of adultery, the unblamable spouse’s connubial rights have been infringed upon by the paramour, and the blamable spouse committing adultery with the paramour has primarily breached his or her faithfulness duty to the unblamable spouse, the core personal duty between a husband and wife. Nowadays, divorces resulting from adultery have been increasing. For the purpose of keeping a stable family life and protecting rights of the unblamable spouse, it is necessary that China’s current marriage act better the legislation.