The legal liability issue of extramarital love, a task that makes law group must be solved. Some scholars are punished with extramarital love is aimed at impossibly to set in criminal law it is reason, object setting husband and wife's mutual and loving obligation in marriage law. The author thinks, this is a kind of misunderstanding of compulsory to disobeying law responsibility.
Above all, violating compulsory legal duty is civil law responsibility is not criminal law responsibility. Criminal law is punished mediumly criterion, will set in the light of crime, make crime only, just assume criminal responsibility. Unless extramarital love develops bigamy (already not was extramarital love right now) , do not make crime otherwise. Accordingly, extramarital love should assume civil responsibility only, and assume criminal responsibility impossibly.
Next, what agree of extramarital love place carries is the legal duty that violates faithful obligation, is not to violate the legal duty with civil and compulsory other. Accordingly, the legal responsibility of extramarital love basically includes as follows at 2 o'clock; One of, pay no attention to with this when marital the other side by when putting forward to divorce, person of extramarital love behavior loses contradictory power; Secondly, the divorce that brings about when extramarital love place reachs a family to cause to marital the other side, children when damaging, agree of person of extramarital love behavior carries corresponding damages responsibility.
The 3rd, because produce the reason of extramarital love behavior and circumstance to differ, agree of different person of extramarital love behavior carries different legal responsibility. Because moral character rots,be opposite, go round singsong houses everywhere, seek the extramarital love that stimulate and happens, behavior person agree is carried afore-mentioned two base entire legislation responsibility; And because of,be opposite marriage of arranged marriage, mercenary marriage, threatening deceit, and other the extramarital love that all sorts of inferior quality marriage resent and arises, answer take into consideration the circumstances avoids responsibility of afore-mentioned the 2nd law, divorce to support actively to its.
In short, both sides of husband and wife is mutual and faithful, it is the monogamy spends the marriage below to answer originally some meanings, it is both sides of husband and wife puts an obligation that must assume during add in marital relation, violate this obligation, produce extramarital love, carry corresponding legal responsibility with respect to the agree. Responsibility of this kind of law is civil law responsibility, and different extramarital love situation should be distinguished when investigating this civil law duty, make different processing.
