石家庄学院学报

近年来,因婚外恋行为引发的纠纷不断增多,但法律对此类行为的干预却较少,由此引发了一系列的社会问题。干扰婚姻关系的行为作为一种特殊的侵权行为,应当对其进行法律上的规制。在充分考虑婚姻家庭领域的特殊性的基础上,应从立法上明确干扰婚姻关系行为特殊的构成要件及举证责任的分配,完善干扰婚姻关系行为的规制制度,对破坏人们善良风俗的行为进行法律上的惩治,避免人们通过私力手段寻求救济,以维护社会的稳定。

In recent years, the disputes caused by extramarital affairs have been increasing, but there are not enough legal norms to regulate them, which has caused some social problems. As special acts, those interfering marital relations should be regulated by the law. Considering the particularity of marriage and family, it is necessary to make clear the special elements and the distribution of burden of proof of interference in marital relations in legislation, and perfect the regulation system of the behavior of interfering in the marriage relation. In order to prevent people from seeking remedy through self-help and to maintain social stability, legal punishment should be taken to the act that destroy the good customs of the people.