“他人”之责

对与有配偶者通奸、姘居、同居的婚外异性,立法不仅没有界定,更没有提及相关的法律责任.现行法律仅对有配偶者一方作了少许而轻微的立法规定.本文拟就如何界定婚外异性、婚外异性要承担民事责任的构成要件、婚外异性应承担怎样的民事责任这三个方面进行分析,认为:"他人"应包括与有配偶者通奸、姘居、同居的婚外异性,应将其认定为共同侵权人,与有配偶者共同承担连带民事责任.

Civil Liability of the Third Person

There is no definition of such extramarital sexual relations as adultery, irregular marriage and cohabit in the present legislation of China, nor is the relevant legal liability mentioned therein. Current laws of the country only contain a few lenient stipulations for persons in marriage. This paper analyzes the issue from three aspects: the defining of extramarital sexual relations, the constitutive requirements for the civil liability of extramarital sex, and the civil liability itself. It argues that the "third person" refers to one who commits adultery or cohabits with a married person, and that he / she should be considered a joint tort-feasor and should undertake the joint and several civil liability with the latter.