通姦除罪化外遇無罪? 徵信公會:蒐證「侵害配偶權」成首要任務

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通姦除罪化時代，侵害配偶權與合法蒐證成為最常見法律途徑。（圖 / AI生成示意圖）

（觀傳媒新聞）【記者 蘇榮泉／綜合 報導】前陣子藝人王子與粿粿的外遇風波成為娛樂版焦點，儘管判決書已出，但後續走向仍引發網友熱議，不僅成為茶餘飯後的八卦焦點，也再次讓感情忠誠、第三者介入與婚姻法律責任等議題浮上檯面，中華民國徵信商業同業公會全國聯合會提醒，通姦雖然除罪化，但小三或小王被抓到證據，侵害配偶權，還是涉及民法可罰緩。

自2020年司法院釋字第791號解釋宣告通姦罪違憲後，台灣正式進入通姦除罪化時代。過去配偶可透過刑事告訴追究責任，如今則轉向民事訴訟處理，尤其「侵害配偶權」成為最常見法律途徑。通姦除罪化並不代表外遇零成本，在現行法律架構下，雖然沒有刑事責任，但構成民法上的侵害配偶權，可向外遇配偶及第三者請求精神賠償。且配偶若外遇，依舊可以通姦為由來訴請離婚，請求損害賠償。

中華民國徵信商業同業公會全國聯合會表示，民事侵害配偶權的認定標準相對寬廣，只要配偶與第三人之間的交往行為，超越了普通朋友的社交分際，且足以破壞婚姻生活的圓滿狀態，即可構成侵害，可依民法提起侵害配偶權訴訟，請求精神慰撫金。近年法院判決金額從數十萬元至百萬元不等，也成為近期徵信社蒐證的主要方向

徵信公會理事長劉邵智表示，近期徵信業從「抓姦在床」演變成「現場蒐證」任務，包括伴侶行蹤調查、同居事實蒐證、財產異常流向分析，以及數位足跡整理等，都受到不少當事人委託。如何在不觸犯《個人資料保護法》及《刑法》妨害秘密罪的前提下，進行合法的數位蒐證與動態跟監，成為區分合法專業徵信與劣質非法業者的關鍵分水嶺。

徵信公會提醒，消費者找徵信業協助一定要找具「徵信士」資格之調查員，若誤信網路低價廣告或不肖徵信社，反而可能遭遇二度傷害。近年常見糾紛包括簽約後追加高額費用、蒐證手法違法，甚至未完成委託即失聯。因此，挑選徵信社時，應優先確認業者是否合法立案、是否加入徵信公會，以及是否具備透明契約與費用說明，避免被騙。中華民國徵信商業同業公會全國聯合會https://www.worldcase.org/

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