? ? This article studies the decriminalization of adultery based on the Economic Analysis of Law.

sis of Law. Today, with the space conversion, the diversification of Taiwan couples values is naturally forming. And since the sexual relations are rich and diverse in the community, the adultery will eventually be decriminalized with the trends. Since one of the spouses usually withdraws the telling for another spouse according to the conception of bounded rationality, the low conviction rate for adultery does not have a deterrent effect of penalties and the telling is not cost-effective. Simultaneously, the sexual autonomy, is a fundamental right for any spouse. Thus, does adultery conform to the principle of proportionality? Is it constitutionality? In this paper, this issue will be discussed appropriately in the adultery. Because no specific protection of legal interests exists, the penalty specification lacks for appropriateness, necessity and justice, under the principle of the constitutionality of the law, decriminalization of adultery is necessary. In this article, we suggest to replace the adultery of criminal law with civil law tort, to amend the law to increase the compensation amount of the alimony for the victim spouse, for property allocation request, for the Compensation for mental damage, for the necessity of the mandatory of the civil law. Higher compensation can achieve the same legislative purpose to protect the institution of marriage. [KeyWords:] Economic Analysis of Law, Adultery, Decriminalization of adultery.