5 1. de facto marriage: refers to the relationship between a man and a woman who meet the substantive conditions of marriage and live together in the name of husband and wife, although they are not registered for marriage. The so-called substantive conditions of marriage include legal conditions and prohibition conditions. The former means that both parties voluntarily reach the legal age of marriage and practice monogamy (the latter can change from nothing to something over time); The latter refers to lineal blood relatives and collateral blood relatives within three generations, as well as diseases that are medically considered unsuitable for marriage. At the same time, this form of marriage requires both parties to have the meaning of living together for life, and living together openly in the name of husband and wife is also considered by the masses as a husband-wife relationship, otherwise it cannot be considered effective.
The following is a de facto marriage ().
A. Li Yun and Cheng Hong were in good health when they got married, but Cheng Hong was only 18 years old, and they only held a simple wedding without registration; Five years later, the two wanted to divorce, and the marriage relationship was at this time.
B Zhao Fei and Huanghua are cousins in the same year. They were childhood friends. At the age of 25, they held a grand wedding in the church. Friends and relatives were present to congratulate them. They didn't go to the marriage registration office to get a marriage certificate because it was too much trouble.
C Smith, a British Chinese, got married in England and later married Candice Tao, a girl from China, in China. They love each other and live together, and all the neighbors think they are a very suitable couple.
D Lu Xiong and Zhang Mi were open lovers in college. After graduation, they lived together, but later Lu Xiong wanted to break up with Zhang Mi. Zhang Mi repeatedly threatened to die, but Lu was helpless. He just continued to live with Zhang and registered his marriage in a city.
52. Acquisition of the territory of a neighboring country by prescription: refers to the long-term uninterrupted and open possession and domination of part of the territory of another country by one country in international law, without the condition of "goodwill", even if it is an improper or illegal possession of part of the territory of another country at first. However, this practice is limited to solving problems left over from history, and it is no longer applicable after the 1980 s and 1990 s.
The following ways of acquiring territory belong to the prescription of acquiring territory ().
A. There is an uninhabited wasteland with an area of about 1 000 square kilometers in the east of country A, but it has always been under its jurisdiction. During World War I, neighboring country B occupied the wasteland through gradual settlement, and country A never raised any objection.
The southern territory of country b. c covers an area of 80,000 square kilometers. Backed by its strong economic strength, Dingguo officially incorporated this place into its own territory in 18 15.
C. 1905, Wu forcibly occupied an island of another country under the cover of guns, and other countries rose up to resist, but eventually failed.
D18th century, Geng discovered a bird island with an area of 6,000 square kilometers deep in the western Pacific Ocean, so he sent troops to occupy it and moved residents to settle here.
53. The crime of harboring or sheltering: refers to the act that a non-accomplice knowingly provides a hiding place or property for others to escape, or falsely proves that it is harboring;
The following belong to the crime of harboring and harboring ().
A. Zhang Laohan witnessed a young man killing a young girl at night. Later, when he testified in court, he was afraid that the suspect would retaliate afterwards and said that he saw the scene of the murder during the day. As a result, the young man had an alibi and was finally acquitted.
B. Mrs. Li's son killed someone by drunk driving and ran home nervously. As soon as Mrs. Li asked about the situation, she scrubbed the blood on the car with her son and took out 3000 yuan to let her go to other places to take shelter.
C. Qin and Li conspired to steal a jewelry store, and the latter two divided their work. Qin went to prepare the vehicles and fake ID cards that fled to the province, and Li, a flexible burglar, succeeded. Qin drove Li out of the local area.
One morning, Ms. Huang found a tramp lying in front of the door, covered in dust and with a high fever. Out of kindness, she helped him into the house and took care of him with her husband. After the man recovered, he took the 500 yuan money donated by the two men and flew away with gratitude. The next day, the two learned through TV that this man was wanted by the Ministry of Public Security.
54. Deductive works: also known as derivative works, refer to works produced by creative work such as adaptation, translation, annotation and arrangement on the basis of existing works. Adaptation refers to changing works and creating new works with originality; Translation refers to the conversion of a work from one language to another; Annotation refers to the interpretation of words, words and sentences in written works; Finishing refers to the orderly and systematic processing of existing works or materials with scattered contents and unclear levels.
The following is not a deductive work ().
A. Comments on Classical Poetry of A Dream of Red Mansions B. Notre Dame de Paris Japanese Edition
C. three musketeers's screenplay "Interpretation of Difficult Words from the Perspective of China Ancient Literature"
55. Appeal: refers to the litigation procedure in which a party in a civil or administrative lawsuit or a defendant in a criminal lawsuit refuses to accept the ruling or judgment of first instance made by a judicial organ at all levels, and brings a lawsuit to a judicial organ at the next higher level within the statutory period, requesting a revision of the judgment.
The following is a complaint ().
Plaintiffs Hu and Liu brought a lawsuit to the District People's Court for debt disputes. After the first trial, neither of them had any objection. A year later, Liu Faxian filed a lawsuit again with new evidence.
B Wu Mou was found guilty of intentional injury at first instance and sentenced to fixed-term imprisonment of 1 year. The procuratorate believes that the punishment is too light and asks the higher people's court for a retrial.
C. Chen Mou filed a lawsuit because he refused to accept the punishment of the public security organ for his administrative detention. After the first trial, the public security organ thought that the court's judgment was improper and asked the higher people's court to retry it two days later.
D. Bumou chopped his neighbor with a knife because of a dispute with his neighbor, and then punished Bumou for violating public security management. Bumou refused to accept the punishment and asked the Public Security Bureau to make a new decision.