In today's society, with the increasing economic level and the continuous expansion of people's openness, people's sexual consciousness is more pursuit of self-satisfaction, but the concept of chastity gradually collapsed. In recent years, the divorce rate in our country is getting higher and higher, one of the most important reasons is the intrusion of the third party. At present, China lacks the relevant legislation of spousal rights and the accountability mechanism for the third party's infringement of spousal rights. Therefore, it is increasingly urgent to perfect the relevant laws to regulate the increasingly rampant extramarital sex. First of all, through the comprehensive analysis of the theories of the third party in different academic circles, this paper defines the concept of the third party and the related contents of the spousal rights. At the same time, this paper makes a concrete analysis of the behavior and characteristics of the third party's infringement of spouse rights. Secondly, this paper analyzes the legal problems and practical dilemmas in our country in the third party's infringement of spouse's right. Finally, this paper puts forward specific suggestions for the problems mentioned above in China. In a word, only by filling and perfecting the relevant legal gaps of third party's infringement of spouse's rights can we better protect the legitimate rights and interests of no-fault spouses, and maintain judicial justice and social fairness.
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Ziying Fang (2024) studied this question.
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