论婚姻关系中第三者侵权的民事责任

On the Civil Liability of the Third Parties in the Relationship of Marriage

近年来,第三者破坏婚姻关系现象愈发频繁,关于婚姻关系中第三者是否需要承担相应的民事责任以及责任的承担方式等一系列问题逐渐成为司法难题。由于我国立法上未将配偶权入法,现行法律未明确规定婚姻关系中第三者的民事责任,故实际司法中对该类问题的处理也相当棘手。因此在立法上应寻求配偶权入法、明确第三者在婚姻关系侵权中的赔偿责任主体地位、归责原则、责任承担方式。文章试图为我国未来完善相关法律以处理此类案件提供参考。

In recent years, the phenomenon of marriage relations between the third is becoming more and more frequent. A series of questions about whether the third party in marriage need to bear the corresponding civil liability and the way of taking responsibility have gradually become the judicial problem. Because the legislation of our country does not put the right of spouse into law, the current law does not specify the civil liability of the third in the relationship of marriage, so the handling of this kind of problem in the actual judicature is also quite difficult. Therefore, we seek the law of spouse rights in legislation, and make clear the position of the third parties in the tort of marital relations, the principle of imputation and the way of responsibility, so as to provide reference for our country to improve the relevant laws to deal with such cases in the future.