论婚姻法中的第三者责任

On the Liability of the Third Party in the Marriage Law

在婚姻法中建立第三者责任制度,是适应实践发展、维护社会和谐的需要,这也与刑法惩罚重婚罪中的第三人保持了一致。但并不是介入他人婚姻关系的第三者都要承担责任,要严格限定第三者承担责任的构成要件,以划分道德调整与法律调整的界限。第三者可以与过错配偶承担连带赔偿责任或单独承担赔偿责任,但第三者承担赔偿责任不以造成他人婚姻破裂为前提。

It is necessary to establish third-party＇s liability system in Marriage Law in order to adapt to the practical development and maintaining social harmony. The establishment of this system is in agreement with criminal punishment of the third party in the crime of bigamy. However, not all the involved third party to the marital relationship should undertake liability and the liability element of the third party should been strictly clarified in order to demonstrate clearly the boundaries between moral and legal adjustment.