《婚姻法》第46条规定有配偶者与他人同居导致离婚的,无过错方有权要求损害赔偿。但是这仅仅是发生在婚姻双方,而对于破坏他人婚姻的小三不必承担任何民事责任,这无疑是不公平的,为了维持家庭和睦和社会稳定,对“小三”的惩罚应该从道德层面上升到法律层面。 Article 46 of the Marriage Law stipulates that if a spouse is living together with others to lead to a divorce, the non-faulty party has the right to claim for damages. However, this only happens to both sides of the marriage, and there is no doubt that it is unfair to bear any civil liability for the minor who undermines the marriage of others. In order to maintain family harmony and social stability, the punishment for “minor” should be raised morally To the legal level.