论第三者侵犯配偶权的法律责任

第三者破坏他人的婚姻家庭,影响社会的和谐稳定.但是目前我国法律仅有关于第三者刑事责任的规定,且不尽完善,而尚无关于第三者侵犯配偶权的民事责任和行政责任的规定.第三者的行为符合一般侵权行为的构成要件,应当承担侵权的民事责任.第三者与有配偶者的姘居行为具有严重的社会危害性,应当以破坏婚姻罪论处.此外,第三者与有配偶者的通奸行为扰乱了社会治安秩序,应当承担行政责任.建议我国立法机关尽快修订相关法律,明确规定第三者侵犯配偶权的民事责任和行政责任,完善第三者的刑事责任.

On the Legal Liability of a Third Party' s Violation of Spousal Right

A third party does great damage to another person＇s marriage and family, which affects social harmo-ny and stability, but at present there are only legal provisions about criminal liability of a third party, which are not perfect. There is no law that provides civil liability and administrative liability of a third party＇ s violation of Spousal Right in our country. A third party＇ s actions accord with the constitutive requirements of general tort, so a third par-ty ought to bear civil liability for tort. A third party who cohabits illicitly should be sentenced to disturbance marriage crime, for his actions make great harm to society. Moreover, a third party who commits adultery should bear admin- istrative liability, because his actions disturb public order. It is suggested that the legislature of our country should revise the related laws as soon as possible, which should explicitly stipulate civil liability and administrative liability of a third party＇ s violation of Spousal Right, and perfect criminal responsibility of a third party.