Abstract:As a basic right of identity for a marriage of the parities, spouse right is particularly important. On the one hand, from the rules of paragraph 2 article 3 of the "Marriage Law" "bigamy shall be prohibited”. “No person who has a spouse living together with others", article 4 "husband and wife should be faithful to each other" and other rules, the author thinks that “Marriage Law” in essence has been included the part of spouse right in it, at the same time, including the duty of loyalty which was controversial in academic circles. On the other hand, the Tort Liability Law of our country and relevant judicial interpretation provides that the right for privacy should be protected, but the legal provisions are few and simple. And the protection of privacy is weak in reality. The rights conflict will exist for a long time. The conflict of spouse right and privacy right is often reflected in the affair of divorce proceedings. When one of the spouses with no fault uses the unconventional means such as candid camera, wiretap to obtain evidence, its behavior is suspected of infringement of third party’s privacy, which leads to conflict. It is necessary to control in a timely manner by reason of the bad influence of the right conflict. In the academic circles, it has quiet a few studies, but lack of the practical solutions. Based on the factors what has been mentioned, this paper would discuss the resolution to solve the conflict from four aspects. At the beginning, it states the significance of conflict resolution; Then, it explains the scope of protection of spouse and privacy. The key point is focus on the analysis of the right boundary, which judge the spouse right whether contain the duty of loyalty, whether have the obligation in law, and the third party whether can claim to privacy or not. What’s more, it should adhere to the principles of disgraceful consideration and benefit measure to solve the right conflict, which expounds the author’s point of view. Finally, in the operation of exclusionary rule, this paper presents several suggestions on how to balance the spouse rights and privacy. Trying to find the method of checks and balances, when the spouse rights suspected infringe the rights of third party, and guiding the one of the spouses with no fault takes the evidence and protect the rights legally.
Key Words: Spouse right;privacy right of third party;right conflict; unerring party...