“第三者”侵害配偶权的损害赔偿

The Indemnity that the Third Party Violates the Right of Spouse

第三者侵害配偶权是否应当承担民事责任,学界存有争议。新婚姻法确立的离婚损害赔偿制度也排除了第三者的责任。笔者认为,配偶权是绝对权,第三者作为义务主体负有不得侵犯的不作为的义务。“第三者插足”属于与过错配偶的共同侵权行为,应当承担对受害配偶的连带损害赔偿责任。第三者承担责任对于保护受害配偶的合法权益,倡导健康、文明的婚姻家庭关系,维护善良风俗是有积极的导向意义的。

There have been disputes about the civil duty that the third party violates the right of spouse in educational circles. New Family Law established the indemnity system of divorce. But it also expeled the third party's duty. We think that the right of spouse is absolute. The third party can not infringe . The conduct that the third party violates the right of spouse belongs to common behavior of infringement with the other spouse. He should to undertake the duty of indemnity to the right spouse. There are large positive meaning that the third party undertake the duty. It may protect the legal rights and interestsof the spouse, and propose the family's relation of health and civilization, and maintain the kind customs.