Do you have the right to check each other's mobile phones if you cheat in marriage?

Yes, infringement or not depends on the specific situation. In a sense, couples should also have privacy, which is the same as that enjoyed by ordinary citizens. Simply checking each other's mobile phones is also a manifestation of mutual honesty. Some information is not infringement as long as it is not distributed to others. We can give an example:

After seven years of marriage, the relationship between Walter WANG Iger and Cui Hua became dull. In the past month, Cui Hua showed some anomalies, such as coming home later than before, frequently buying new clothes and cosmetics, and occasionally hiding outside to make phone calls.

Tell Intuition Steel Egg: Something's wrong.

A few days later, Steel Eggs came to the communication business hall with their ID cards and marriage certificates, and successfully retrieved and printed the telephone and SMS records of Cui Hua in recent months. After some data analysis and research, Steel Egg confirmed that Cui Hua had an affair with a male colleague in her company.

After the showdown, Cui Hua was furious, severely reprimanded Walter WANG Egg for not having the right to inquire about her communication records, and took Walter WANG Egg to court for violating personal privacy.

So, do couples have the right to privacy?

Does the husband have the right to check the other person's mobile phone when he suspects his wife is cheating?

Privacy refers to a natural person's quiet private life and space, private activities and private information that others don't want to know.

The right to natural privacy belongs to personality right and is one of the basic rights given to everyone by law. China's laws clearly stipulate that no organization or individual may infringe upon the privacy rights of others by spying, invading, leaking or making public.

For husband and wife, first of all, two independent natural persons, of course, have the right to privacy. For example, without permission, neither party has the right to browse the other party's mobile phone chat records at will and for no reason.

So, will Cui Hua get the court's support for suing Walter WANG Eggs for violating privacy?

Both husband and wife have the right to privacy, but it is not unlimited. According to the relevant provisions of the Marriage Law, husband and wife have the obligation to be faithful to each other. Therefore, either party has the corresponding right to know about the spouse.

As far as this case is concerned, Walter WANG Egg's suspicion after discovering Cui Hua's abnormal behavior is in line with the natural reaction of spouse status, and she has the right to know whether her exclusive identity as a husband is threatened or violated. Therefore, it is illegal for her to retrieve and print Cui Hua communication information.

Subjectively speaking, the purpose of Walter WANG Egg is to confirm whether Cui Hua is cheating, and querying communication records is only a means. The purpose is reasonable, and the information obtained is within a reasonable range.

Finally, after obtaining relevant information, Walter WANG Egg has not been used to spread, spread or vilify Cui Hua, and its right to know has not exceeded the necessary limit.

Therefore, the court rejected Cui Hua's claim. On the legal level. Of course, couples have the right to privacy. However, when the right to privacy conflicts with the duty of loyalty of husband and wife, the law usually makes the right to privacy retrogress. If you want to sue because of marital infidelity: the law of marital infidelity is generally not judged. Cheating is not the object of legal adjustment, so it will not be judged. However, if the derailment belongs to cohabitation with others, or living in a husband-and-wife relationship with others and forming a de facto marriage, it is a legal fault, and the other party can be required to pay compensation at the time of divorce without fault. If marital infidelity constitutes bigamy, the corresponding criminal responsibility may be investigated according to law. According to the regulations, bigamy refers to the behavior that one party has a spouse and registers marriage with others or lives with others in the name of husband and wife, and knows that others have a spouse and registers marriage with them or lives together in the name of husband and wife. Living together in the name of husband and wife means that the opposite sex treats each other as husband and wife and pretends to be husband and wife. For example, having a spouse and getting a marriage certificate with others, holding a wedding ceremony, etc. It can be considered bigamy.

How to prove that one party is cheating?

1, the principle of who advocates and who gives evidence. If one party claims that the other party is having an affair, it must provide evidence to prove it. If no evidence can be provided, then the court will not accept it. The process of obtaining evidence is quite troublesome. In most cases, divorce can be negotiated until the face is torn, and both sides lose a lot.

There is usually a lot of evidence to prove an affair, and the evidence pays attention to documentary evidence and witness. Only witnesses are useless. The other party can find several witnesses at any time. Unless the other party admits it in court, or has written a letter of guarantee to admit the derailment and ensure that it will not be derailed;

3. Evidence can prove an affair. The more evidence, the better, but a single evidence is invalid.

Legal basis: Criminal Law of People's Republic of China (PRC).

Article 258 Whoever commits bigamy while having a spouse, or marries while knowing that others have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.