Could the tort law apply to the spouse right infringement or spouse relationship infringement? If it can, then how? These questions have always been the focus of tort theories in China. However, the relevant studies do not reach agreement on this issue. Consistent with the divergences in theory, there are also disagreements in the Chinese judicial practice in resolving cases of spouse right infringement, threatening the certainty and predictability of legal rules and impacting the dignity of the law itself. In this context, it is of practical value to examine the basic positions of the existing tort law against the spouse right infringement, the specific protection rules and the legitimacy governing the issues. In fact, in the current tort law, even if the spouse right are not clearly recognized by the statute law, it can, through law interpretation, still be protected by general clauses such as Article 6 in conjunction with Article 2 of the Tort Law of the People’s Republic of China, Article 106 Paragraph 2 of the General Principles of the Civil Law of the People’s Republic of China or Article 120 in conjunction with Article 11 and Article 8 of the General Provisions of the Civil Law of the People’s Republic of China and so on. The compensation rules established by Article 46 of the Marriage Law of the People’s Republic of China are special provisions and should take priority over general clauses in dealing with relevant cases. According to Article 46 of the Marriage Law of the People’s Republic of China and relevant judicial interpretations, the unerring party has the right to claim damages against the erring party based on Article 6 in conjunction with Article 2 of the Tort Law of the People’s Republic of China, Article 106 Paragraph 2 of the General Principles of the Civil Law of the People’s Republic of China or Article 120 in conjunction with Article 11 and Article 8 of the General Provisions of the Civil Law of the People’s Republic of China, the unerring party has the right to claim damages against the third party who violates the duty of care. Since the acts of the wrongdoer in the marriage who is liable for compensation and the third party who infringes the spouse right involve two or more persons in committing torts, they then, in accordance with Article 8 or Article 12 of the Tort Law of the People’s Republic of China, should assume joint and several liability or proportionate liability. If the unerring party only files tort liability claims against the third party and gives up claim for compensation against the erring party, the unerring party’s right to claim for compensation cannot be negated and it is necessary to determine whether the third party should assume tort liability according to the general provisions of the Tort Law. The right to claim damages for the spouse right infringement, of course, is subject to the system of limitation of action. The application of this system requires a balance between the freedom and the protection of marriage and family. When the unerring party claims damages against the third party according to the Tort Law, the limitation of action should be that stipulated by the first half sentence of Article 135 of the General Principles of the Civil Law of the People’s Republic of China（Paragraph 1 and the first sentence of Paragraph 2 of Article 188 of the General Provisions of the Civil Law of the People’s Republic of China）. When the unerring party claims damages against the erring party in accordance with the Marriage Law of the People’s Republic of China, the limitation of action should be the one stipulated by the last part of Article 135 of the General Principles of the Civil Law of the People’s Republic of China (the second sentence of Paragraph 2 of Article 188 of the General Provisions of the Civil Law of the People’s Republic of China）. China’s tort law, when dealing with cases of spouse right infringement, usually takes a highly stringent attitude. This is consistent with the traditional Chinese legal system and the corresponding social values. Even though the modern social life and the corresponding legal system in China have undergone profound changes, the traditional factors are still hidden in the people’s ideas and daily life, influencing the contemporary legal practice in various ways. In the case of spouse right infringement, the judicial practice punishes the act of infringement by supporting the unerring party’s right to claim damages, which is at present in line with people’s natural feelings and has its legitimate basis. However, as times change, emotions demanding punishment for infringing spousal relationship may give way to freedom itself.