What is the responsibility of the third party for the breakdown of the marriage?

Legal analysis: 1. If it reaches the level of marrying another person with a spouse or marrying another person knowing that another person has a spouse, it constitutes the crime of bigamy.

2. If you knowingly live with the spouse of an active-duty soldier, it constitutes the crime of sabotaging a military marriage.

3. Where a third party uses methods such as persuasion, inducement, instigation, instigation, bribery, or threat to transmit criminal intent (criminal intent) to the instigated person (one of the husband and wife) or to strengthen and strengthen his criminal intent, causing the instigated person to commit a crime in accordance with the instigator's criminal intent, the third party shall bear legal responsibility for instigating the crime.

If it were not for the above-mentioned three types of courts, the court would only give warnings and other measures to the third party, and the legal basis was: the Criminal Law of the People's Republic of China

Article 258:Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Article 259:Whoever marries another person while having a spouse, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention.

Legal analysis: China's law clearly stipulates what kind of legal liability the third party should bear in a divorce case caused by the intervention of a third party, and there is no corresponding provision on whether the innocent party can claim damages from the third party. "Whoever has a spouse and marries another person, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention.

Bigamy destroys the monogamous marriage system and infringes upon the legitimate rights and interests of the original spouse, and the infringer should not only bear the above-mentioned criminal liability, but also bear the corresponding civil liability.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever commits bigamy while having a spouse, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

If a third party destroys a marriage and marries another person knowing that he has a spouse, he or she is guilty of bigamy and is punishable by fixed-term imprisonment of not more than two years or criminal detention. Under normal circumstances, it does not constitute the crime of bigamy, but only violates social order and good customs.

[Legal basis].

Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person who marries another person knowing that he has a spouse shall be sentenced to up to two years imprisonment or short-term detention. Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person. Article 1091 of the Civil Code provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Legal analysis: If the relationship between husband and wife breaks down due to the major fault of one of the husband and wife, the innocent party has the right to request the at-fault party to compensate for losses, which is the embodiment of the principle of fairness and the principle of protecting the weak in contemporary marriage and family law on the issue of divorce. In today's increasing number of divorce cases, in most cases, one of the spouses violates marital obligations and fails to fulfill marital responsibilities, resulting in the breakdown of the marriage, causing the other party to suffer varying degrees of personality or mental damage.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

4) Treating or abandoning family members in the abusive chamber;

(5) There are other major faults.

[Legal Analysis].If the relationship between husband and wife breaks down due to the major fault of one of the spouses, the innocent party has the right to request the at-fault party to compensate for losses, which is the embodiment of the principle of fairness and the principle of protecting the weak in contemporary marriage and family law on the issue of divorce. Moreover, in the increasing number of divorce cases, in most cases, there are cases where one of the spouses violates marital obligations and fails to fulfill marital responsibilities, resulting in the breakdown of the marriage, causing the other party to suffer varying degrees of personality or mental damage.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China Article 1091 In any of the following circumstances, resulting in divorce, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

(4) Ill-treatment or abandonment of family members;

(5) There are other major faults.

Legal Analysis: There is no legal basis for a third party to be liable for divorce damages. Third parties are not required to be held legally responsible, except for those who disrupt military marriages and bigamy.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to forcibly train or coerce the other, and it is forbidden for any organization or individual to interfere.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.