124. Sister 17 years old, has a wedding and wants to live with others. What if dissuasion is ineffective?
[Case] Wu Xinxuan's sister, 17 years old, fell in love with a male worker Xu when she worked as a temporary worker in a county weaving factory. On August 15, Xu took Wu home for the Mid-Autumn Festival, held a wedding at the same time, and got married in a folk way. After hearing the news, Wu Xinxuan went to the Xu family to find her sister and tried to persuade her not to get married before the legal age of marriage. Wu repeatedly refused to listen to the discouragement of his brother and sister. This time, she discussed it with Xu. One is to hide himself from his brother, and the other is that Xu and others criticize Wu for interfering with freedom of marriage. That night, Xu's eldest brother presided over the wedding, and did not go through the marriage registration formalities according to law, that is, openly lived together in the name of husband and wife. Wu Xinxuan didn't listen to her sister's dissuasion, and there was nothing she could do about illegal marriage.
[Analysis Opinion] The Marriage Law stipulates: "The age of marriage shall not be earlier than 22 for men and 22 for women.
20 years old. ""If a man and a woman want to get married, they must register their marriage in person at the marriage registry. Those who meet the requirements of this law shall be registered, issued a marriage certificate and obtained a marriage certificate, that is, the relationship between husband and wife shall be established. "Xu and Wu did not register to get married. The woman Wu Mou is only 17 years old and has not reached the legal age for marriage. Although they held a folk wedding, their marriage was illegal and could not be recognized and protected by law. How to properly handle the illegal marriage between Xu and Wu? It's best to find Wu himself and make things serious. He explained that marriage is a life-long event and must be taken seriously, not hastily. Illegal marriage is not protected by law, and once a marriage dispute occurs, the legitimate rights and interests of women and children are not protected, and it is too late to regret it. At the same time, it is the obligation of the parties to the marriage to publicize and educate the marriage law and abide by it. Since the law stipulates the age of marriage and the procedure of marriage registration, how can we get married openly in violation of the law? Article 34 of the Marriage Law stipulates: "Those who violate this Law may be given administrative sanctions or legal sanctions according to the circumstances. "In other words, the parties who openly and illegally marry will be held accountable according to law. Let her know that what they have done is illegal and should be corrected automatically. If Xu and Wu persist in their mistakes and refuse to break away from the illegal relationship between husband and wife, they can first report to the leaders of their units, criticize and educate them or make necessary administrative intervention, or expose their illegal acts to the marriage registration authority or judicial organs and request to investigate and deal with them according to law.
125. What should I do if the male and female units don't issue the marriage registration certificate?
[Case] Zhang, a factory worker, and Xu, a young woman, voluntarily married. The relevant departments in the factory did not explain any reasons, nor did they issue a certificate for Zhang to register for marriage. Zhang and Xu's wedding date has been delayed again and again, and there is nothing they can do.
[Analysis Opinion] It is a request for both men and women to jointly apply for marriage registration to establish the relationship between husband and wife according to law. The legitimate rights and interests of legally registered marriage parties are protected by law. In order to ensure the implementation of the socialist marriage system and prevent the violation of the marriage law, the Regulations on the Administration of Marriage Registration stipulates: "When getting married, both parties must apply for marriage registration in person at the marriage registration office where one party's household registration is located. When applying, you should hold a household registration certificate, a resident ID card, and a certificate issued by your unit or a villagers' committee (residents' committee) stating your date of birth and marital status (unmarried, divorced, widowed). " It is stipulated here that the certificate of birth date and marital status issued by the holder is to prevent fraud and violation of the principle of monogamy at the legal age of marriage, and to ensure the freedom of marriage for men and women and the happiness of family life after marriage. It is wrong for the applicant's unit not to explain the reasons and not to issue a certificate. If it is really impossible to obtain the required certificates due to the interference of the unit or others, the parties may request the marriage registration authority to find out the situation. If the marriage registration authority finds that the marriage conditions prescribed by law are indeed met, it shall
Allow registration and issue a marriage certificate.
126. personals was published. The female candidate holds the identity certificate issued by the local police station. Do both parties still need to register for marriage?
[Case] After Lu, a cadre of a factory, published personals in the newspaper, Zhu, a young woman from a village, applied. Lu and Zhu met by letter, and both sides agreed to get married. Zhu holds a certificate issued by the local police station, including name, gender, place of origin, date of birth, education level, unmarried and so on. And his brother sent his relatives to a house in Lu. The Lu family held a wedding according to local customs, and Lu and Zhu lived together as husband and wife. The villagers believe that Lu and Zhu are fashionable couples in the new trend of marriage. Later, Zhu's household registration could not be reported on the grounds that Zhu had no legal marriage relationship with Lu. Lu believes that their marriage is a marriage-seeking couple, and the government has issued a certificate. How is it still illegal?
[Analysis Opinion] Lu's newspaper report that personals is a unilateral proposal by unmarried citizens and has no legal effect. Zhu's request for the police station to issue an identity certificate does not belong to the application for marriage registration to the relevant government departments, and does not have the significance of legal marriage procedures. Therefore, it is illegal for Lu and Zhu to register for marriage according to regulations. In order to get to know each other through personal relationships, both men and women must go through the marriage registration formalities according to law before they can become legal marriages. According to the "Regulations on the Administration of Marriage Registration", Lu and Zhu must apply for marriage registration at the marriage registration office where one party's household registration is located with their resident ID card or household registration certificate and a certificate stating the date of birth and marital status issued by their unit or villagers' committee. After examination and understanding, it is considered that the legal conditions for marriage are met, that is, registration is granted and a marriage certificate is issued, one for each man and one for each woman, which is a legal marriage. As the legitimate rights and interests of both parties in marriage, Luhe is effectively protected by law.
127. Why do men and women register for marriage voluntarily?
[Case] Youmou, a young woman, and Zhu, a young man, met each other since childhood and went to primary and secondary schools together. The two elders are good friends from generation to generation and often go back and forth. They have established feelings in this environment. They told their parents what they thought, and both parents were very happy. Later, you also went to Zhu's house for a few days, and Zhu also came to your house for a few days. My parents think it's better to get married if my children come to live with me, so as not to attract gossip. You and Zhu know that you are not old enough to get married and can't get a marriage certificate, so you are agreed to move into Zhujiajian instead of going to the marriage registration office to get married. Soon, Youmou gave birth to a child. They think that people who get married are completely voluntary, have deep feelings and are satisfied with their parents. There won't be any problem. If you don't register for marriage, you will live forever. Later, the village marriage registrar called them, criticized and educated them, and completed the marriage registration procedures. Before leaving, Zhu also asked the marriage registrar a question. Our marriage is very good and will be very good in the future. Why do we have to register our marriage?
[Analysis Opinion] Article 1 of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs stipulates: "In order to guarantee the freedom of marriage, the marriage system of monogamy and equality between men and women shall be implemented, the management of marriage registration shall be strengthened, the legitimate rights and interests of the parties to marriage shall be protected, and illegal marriage acts shall be dealt with according to law. This Regulation is formulated in accordance with the Marriage Law and relevant laws." It can be seen that the purpose of marriage registration is to ensure the implementation of the basic principles of marriage law, marriage conditions and divorce standards, protect legal marriage relations and prevent illegal marriage. This is a manifestation of the country's serious responsibility and concern for citizens' marriage through legal forms. Since marriage registration is a legal system, it is by no means a dispensable continuation of marriage. Marriage registration is an integral part of the socialist marriage and family system in China. It can be said that without marriage registration, there is no legal marriage and family. It is of great significance to fulfill the marriage registration formalities seriously for consolidating and developing socialist marriage and family relations. In real life, most people can consciously register for marriage according to legal procedures, but a few people are interested in applying for marriage.
They don't know much about the importance of remembering and marriage law. They regard marriage registration as a dispensable thing and the wedding ceremony of non-governmental organizations as a necessity. Some young men and women have registered for marriage according to legal procedures, but they have to live together after the wedding ceremony before they can get married. In this case, we should continue to publicize the marriage law, so that the broad masses generally realize that marriages that have not been approved and registered by the marriage registration authority are illegal and invalid marriages and are not protected by law. To this end, it is necessary to help the masses improve their legal awareness, enhance their legal concept of marriage, and consciously perform marriage registration procedures.
128. Is there a legal basis for asking for premarital health examination?
[Case] After more than a year of love, the young man and the young woman Liu decided to get married. Xu suggested having a health check-up in the hospital before getting married, so as to ensure that married couples live a beautiful and happy life. Liu also had this idea and agreed. However, when I arrived at the hospital, the doctor didn't examine me. The reason is that it is ok for doctors to see patients and register for medical treatment, but premarital health examination is not done. And ask the parties, is there any provision for premarital health examination in the marriage law?
[Analysis Opinion] Neither China's Marriage Law nor the Regulations on Marriage Registration issued by the Ministry of Civil Affairs stipulate that both men and women who want to get married must have a pre-marital health examination. Both men and women who apply for marriage do not need to submit proof of premarital health examination. However, according to "Several Provisions on Marriage Registration between Citizens and Foreigners in China", both men and women applying for marriage should submit the pre-marital health examination certificate issued by the hospital designated by the marriage registration authority. In order to protect the health of both parties to the marriage and the health of our citizens, this is necessary. Because premarital health examination is beneficial and harmless to the parties to marriage, if domestic citizens voluntarily request premarital health examination when they get married, qualified medical hospitals should give support, and the marriage registration authority can also give guidance and help at the request of the parties. What is the specific content of premarital health examination? Because the relevant state departments have no regulations on the contents of health examination, hospitals can make diagnosis and identification according to the requirements of the parties and issue inspection certificates. If you find yourself suffering from a disease prohibited by the Marriage Law or a physical defect that you can't have sex, you should explain it to the other party, don't hide it, and handle the relationship from a caring, friendly and sympathetic mood.
129. If the client handles the marriage registration and obtains the marriage certificate, the marriage shall be deemed invalid.
[Case] Dou, a young woman from a county, was introduced by a friend and fell in love with Wang, a neighboring village, and the two sides agreed to get married. Because the woman has not reached the legal age for marriage, she dare not go to the marriage registration office to get a marriage certificate in person. The two sides agreed that the client should go to the marriage registration office to get the marriage certificate. After marriage, the woman is dissatisfied with the man and wants a divorce. Wang found the civil affairs department with a marriage certificate and requested to protect his marriage relationship with Dou. After investigation, the marriage registration authority declared the marriage invalid and withdrew the marriage certificate.
[Analysis Opinion] It is against marriage for the trustee to go through the marriage registration formalities and get a marriage certificate.
Legal acts. Article 7 of the Marriage Law stipulates that if both men and women want to get married, they must register their marriage in the marriage registration office in person. Those who meet the requirements of this law shall be registered and issued a marriage certificate. Getting a marriage certificate is tantamount to establishing a relationship between husband and wife. Article 9 and Article 1 1 of the Regulations on the Administration of Marriage Registration also stipulate the same content. The term "obtaining a marriage certificate means establishing the relationship between husband and wife" means that both men and women must apply for marriage registration in person at the marriage registration office before they can obtain the relationship established by the marriage certificate. Only the marriage certificate obtained by both men and women in person is a legally binding marriage certificate, and the legally protected relationship between husband and wife can be established. The reason why the Marriage Law should make such strict provisions is to prevent arranged, bought and sold or other forms from interfering with the freedom of marriage between men and women, and to prevent fraud in establishing marriage relations. It can be seen that the Marriage Certificate obtained by Wang and Dou is fraudulent. When the marriage registration office finds out that both parties to the marriage violate the marriage law, it is natural to declare the marriage invalid and recover the fraudulent marriage certificate. In this way, Dou also asked for a divorce from Wang.
The problem was solved, because the marriage registration authority withdrew her marriage certificate with Wang, which has no legal effect. That is, the law does not recognize that Dou and Wang have established a husband-and-wife relationship, so they will not go through the divorce procedure.
130. After the marriage registration, the man who did not live together died. Is that woman still married?
[Case] Xiaodong, a young woman, did not live with Liao after going through the marriage registration formalities. On the way back from the dowry of Xiao Dong Jia, Liao fell into a deep ditch and died on the spot. Since then, Xiaodong has never found an object. When the local unmarried youth heard that the object of introduction was Xiaodong, they all shook their heads and said that she was married and did not agree to meet Xiaodong. Xiaodong can't figure it out Did he get married without losing his virginity?
[Analysis Opinion] Marriage is a legal concept, and it is the behavior of both men and women to establish the relationship between husband and wife according to the marriage conditions and procedures stipulated by law. The marriage conditions stipulated in China's marriage law are: ① both men and women are completely willing, ② they have reached the age of marriage, and ③ they are monogamous. The marriage procedure is that a man and a woman marry voluntarily, and they must apply for marriage registration in person at the marriage registration office. Upon examination, those who meet the statutory requirements shall be granted registration, issued a marriage certificate and established the relationship between husband and wife. When both men and women get a marriage certificate, they are officially married. The social essential significance of marriage lies in that the legally recognized relationship between husband and wife is protected by law. Xiao Dong and Liao have obtained marriage certificates according to law, and she is married. She has never lived with her husband, which is not the condition and content of marriage stipulated by law. Therefore, it cannot be said that she has never been married. As for some unmarried young people who don't want to be with Xiao Dong because she is married, that's prejudice against women. Women enjoy equal rights with men in marriage and family. A young woman who is married but has never actually lived as a husband and wife is considered inferior to others. This is not right, it is a reflection of the old feudal ideas in some people's minds. Where this phenomenon occurs, it is necessary to carry out the new concepts of equality of marriage and family rights between men and women, freedom of marriage and publicity and education prohibiting discrimination against women, improve citizens' legal awareness and update the old concept of marriage, which is conducive to the consolidation and development of the socialist marriage system.
13 1. Did not go through the marriage registration formalities, lived together openly as husband and wife for eight years, and the woman left for one year.
I haven't heard from you for a long time Can a man marry a third party?
[Case]1April, 983, villager Zhang voluntarily married a young woman named Pi, and did not register for marriage. After inviting relatives and friends to hold a wedding, she lived together as husband and wife. Zhang Hepi is a junior high school classmate and knows better. At this time, both men and women have reached the legal age for marriage. Because Pimou's father insisted on marrying his daughter to the county seat, the village Committee was not allowed to give Pimou a marriage certificate. They lived together as husband and wife before they went to the marriage registry to get married. A few years later, Pimou regretted not listening to his father's advice and not marrying into the city. 1990
One day in June 2006, Pimou left without saying goodbye. More than a year has passed, and Zhang has not found out her whereabouts. male
I am over 30 years old and have no son. I want to marry a third person. Don't you know that the law allows marriage?
[Analysis Opinion] If a man and a woman marry voluntarily, they must register their marriage according to law. Only the legitimate rights and interests of marriage parties who perform marriage registration according to law are protected by law. However, in people's real life, there are complicated reasons for the formation of marriage relations that live together in the name of husband and wife without marriage registration. For this kind of marriage relationship, there is still a problem that the legitimate rights and interests of the woman and children need legal protection. In order to protect the legitimate rights and interests of women and children, help stabilize marriage and family relations, and maintain social stability and unity, it is in line with the reality of China's current social life to conditionally recognize the de facto marriage relationship of the parties who live together in the name of husband and wife without marriage registration. Therefore, the Supreme People's Court's "Several Opinions on People's Courts Hearing Cases of Living Together in the Name of Husband and Wife without Marriage Registration" stipulates that living together in the name of husband and wife without marriage registration is also considered as a husband-and-wife relationship by the masses. If both parties meet the legal conditions for marriage at the time of cohabitation, it can be considered as a de facto marriage relationship. Be a husband from Zhang to Xia Pi.
In the case of a wife, her marriage relationship can be regarded as a de facto marriage relationship. If Zhang wants to divorce Pi, he must file a divorce lawsuit with the people's court and dissolve the de facto marriage relationship according to law. Before the de facto marriage relationship is dissolved according to law, Zhang may not marry a third person or form a new de facto marriage relationship with a third person. Otherwise, he will bear the responsibility of bigamy.
132. If you live together without marriage registration and the woman doesn't go back to her hometown, can the man get married alone?
[Case] Ye Mou, a farmer from Shandong, was introduced to "get married" with a Yi girl from Sichuan, but did not go through the marriage registration formalities, that is, she lived together as husband and wife, and the woman had to walk 2,500 yuan to the man and send it back to her family. Three months later, Yimou asked to go back to her family to visit relatives, and there was no news for more than half a year. The man does not intend to find Yimou back, but wants to get married separately, but he is afraid that the law will not allow it.
[Analysis Opinion] In recent years, some unscrupulous women fled to backward places in other provinces and counties, and used marriage as bait to defraud money. They can live as husband and wife with the man on the day they find their husband's family, but they don't go to the marriage registration office to register their marriage and accept the necessary examination. Shortly after the so-called marriage, they left home on the pretext of going home to visit relatives and shopping in the city, and never came back, resulting in some men being cheated, "both people and money." At present, this extremely abnormal marriage phenomenon still occurs from time to time in rural areas or remote mountainous areas, and people should be vigilant to prevent being deceived. On the question of whether a woman can get married alone if she never comes back, judging from her marriage relationship, they are not legally married, and cohabitation for three months is not legally binding. Yemou doesn't want the woman back, but also wants to get married alone, which shows that he is willing to dissolve the relationship with Yi Tang. For the sake of prudence, Yemou can send a letter to Yimou, proposing to dissolve the "marriage relationship" with Yimou, and then choose another spouse to get married. The law protects the legally established relationship between husband and wife.
133. After being abused by her mother-in-law, she agreed to divorce against her mother-in-law's will. Both sides miss the feelings of husband and wife and can live together.
Life?
[Case] After Wang and Xing, a young man, freely fell in love and got married, their feelings were deep. Jiang, the mother-in-law, can't adapt to the young couple's marriage. At first, she asked her son to file for divorce, but Xing said she didn't want to divorce. After Jiang abused his daughter-in-law, he forced Wang to divorce his son. Xing couldn't convince his mother and couldn't bear to see his wife being abused. In order to make Wang live a happier life, they discussed going to the marriage registration office for divorce. However, since the day of divorce, the feelings of both sides missing the husband and wife have increased day by day. Women don't want to marry, men don't want to marry, I (husband and wife) think of each other, can't get together, and have no interest in production and life. Both sides want to live together as husband and wife, but they are afraid of the consequences of hurting themselves and don't know what to do.
[Analysis] The relationship between husband and wife is the basis for the establishment and existence of marriage. Wang He and Xing are in love.
After marriage, the relationship between husband and wife has been very good. Only because the mother interfered with her son's marriage and abused her daughter-in-law in violation of the law, forced her son to divorce his wife, and Wang and Cai agreed to divorce against their will. Such a divorce should be regarded as a divorce that violates the principle of voluntary marriage. Both parties can truthfully report the situation to the marriage registration authority, and after examination and understanding by the marriage registration authority, they can confirm that their agreed divorce is invalid and take it back.
Divorce certificate Then, Wang and Xing registered for remarriage and sent back the marriage certificate. The government protects the emotional relationship between husband and wife according to law. For Jiang's behavior of interfering with his son's freedom of marriage and abusing his daughter-in-law, we should criticize and educate him through relevant organizations, publicize the relevant knowledge of marriage law, and make him correct his mistakes. When Wang and Xing agreed to divorce, the divorce intention expressed to the marriage registration authority was untrue and deceptive, and both parties should be responsible for the invalid divorce agreement. Therefore, Wang and Xing could not live together as husband and wife until the marriage registration office declared the divorce agreement invalid and allowed the remarriage registration. Only by restoring the relationship between husband and wife according to law can the rights and obligations of both parties in marriage be protected by law.
134. Jiang got two marriage certificates, which one is legal and valid?
[Case] In a county, a young man named Jiang fell in love with a young woman named Qin, both of whom were 2 1. Jiang's parents got a marriage certificate for Jiang Qin at the marriage registration office through acquaintances. As Qin is a graduating student in a vocational college, the two sides have no cohabitation relationship. A year later, Jiang went to work in Cangzhou with his uncle. Soon, he and Fan, a young woman from Cangzhou, went through the marriage registration office, got a marriage certificate and lived together. After Qin graduated from school and arranged his work, he found Jiang to discuss the matter of getting married. Jiang said, "That marriage registration is invalid. I was 2 1 year-old, and I was under the legal age of marriage. The marriage certificate was entrusted by someone, and I got married in Cangzhou. Don't come to me. " Qin thinks this is wrong. Jiang has two marriage certificates, which one is legal and valid? Or both of them are invalid? What should I do?
[Analysis Opinion] Article 5 of the Marriage Law stipulates: "The age of marriage shall not be earlier than 22 for men". When Jiang and Qin registered for marriage, only 2 1 year-old was under the age of marriage. This kind of marriage registration that does not meet the conditions for marriage should be invalid. Although the marriage registration office issued a marriage certificate, because the applicant cheated the marriage registration office, if the date of birth provided by Jiang is true, it will not be registered. Therefore, it can be said that this "marriage certificate" is fake, and it is illegal to defraud a marriage certificate. Moreover, Article 7 of the Marriage Law stipulates: "If both men and women want to get married, they must register their marriage in the marriage registration office in person". Upon examination, if it meets the legal requirements, registration shall be granted and a marriage certificate shall be issued. Jiang and Qin did not register their marriage in person, but entrusted acquaintances to register their marriage, and the marriage registration authority also issued a marriage certificate, which was illegal and dereliction of duty. As for the legal responsibility of marriage registrars for this kind of behavior, the Regulations on the Administration of Marriage Registration clearly stipulates that they should be given administrative sanctions or their qualifications as marriage registrars should be revoked.
When Jiang got the marriage certificate for the first time, although he didn't do it himself, he knew it wasn't.
It is a kind of deception to deliberately hide it when you are married. After receiving the marriage certificate, he considered it invalid. Without applying to the marriage registration authority for cancellation, he registered marriage with Fan in a different place. He held two marriage certificates in one hand and two unmarried young women married him. Ginger has constituted bigamy. For Jiang's crime of bigamy, both Qin and Fan can sue in the people's court, and the people's court will try him according to the specific circumstances and hold him accountable. Regarding the marriage relationship between Jiang and Qin, Jiang and Fan, which party should be confirmed and maintained, which party should be denied and revoked, or both, the people's court should also make a judgment according to the specific circumstances.
135. Without going through the divorce procedure, both men and women live together with a third person in the name of husband and wife.
Do both parties commit bigamy? Do you still need to go through the divorce formalities?
[Case] On June 1983+0, she married Wang and gave birth to a daughter over 5 years old. After living in harmony for six years, the husband and wife separated from each other. 1990 During the Spring Festival, Yu was introduced to Fan. Fan lost his wife, and there was a boy over one year old, who was a ten thousand-yuan household engaged in transportation. Fan is willing to spend money as a nanny for children. Yu is very satisfied with Fan. In May, Fan gave a banquet to hold a wedding, telling everyone that Fan Mouyu was willing to get married. Wang heard that Yu was married again, and without intervention, in August of the same year, he openly lived with Xia, a married woman who had been adultery for many years. Xia's husband didn't intend to report this, saying "let her go". Wang said to Xia, "We are married". Yu wrote to lawyer Zheng and asked if she had committed bigamy if no one reported it. Do you still want to divorce Wang?
[Analysis Opinion] Chinese law defines bigamy as a criminal act that undermines the monogamous marriage system. Whoever commits bigamy shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of Article 180 of the Criminal Law. The so-called bigamy refers to the act of registering marriage with a third person with a spouse, or living in a husband-and-wife relationship with others without a spouse, and the act of marrying others while knowing that they have a spouse without a spouse. Yu and Wang are legally married and have been married for many years. Although they have been separated for two years, they have not dissolved their relationship according to law. As a result, Yu and Fan, who had no spouse, held a public wedding for their husbands.
The act of a wife living together in the name of * * * has constituted bigamy. Fan doesn't know that he has a spouse, which doesn't constitute bigamy. If you know that you have a spouse and don't divorce, it also constitutes bigamy. Wang is a man with a spouse, and Xia is a married woman. He discloses the hidden adultery as a husband-and-wife relationship and tells everyone that he is "married". Both Wang and Xia have constituted bigamy.
Xia's husband is indifferent to the illegal and criminal acts of his wife and Wang, and has no intention to report Xia's bigamy with Wang, which is wrong. He should appeal to the people's court from the perspective of maintaining legal dignity and maintaining the stability of marriage and family relations, and from the perspective of stopping the destruction of husband-wife relations and sanctioning criminals, requesting the court to handle it according to law. After the criminal's legal responsibility is investigated according to law, if the husband-wife relationship between Yu and Wang, and the marriage relationship between Xia and her husband voluntarily divorce, they can apply for divorce registration according to law, or the court can mediate and judge the divorce. After a legal divorce, all parties still enjoy the right to freedom of marriage according to law, and they can freely choose their spouses and get married according to law.
136. A married woman lived with a third party and gave birth to a son. Can the man accuse her of bigamy? Does the law allow the woman to continue illegal cohabitation?
[Case] After the farmer Shang and Fan got married on 1984, the husband and wife lived in harmony and had a good relationship. They gave birth to a boy over five years old. 1April, 990, Fan abandoned his family and children, lived with the widowed in the name of husband and wife, and gave birth to a boy that year. I found Fan several times and took her back sincerely. Fan said that she has a family with Zhang, and with a son who is married to Zhang, she will never go back to business or be Shang's wife. I still want to sue Fan for bigamy and dissolve the marriage relationship between Fan and Zhang, but I'm afraid I can't sue, and I'm afraid I'll suffer instead.
[Analysis] Monogamy is a basic principle of China's socialist marriage system, which requires men and women to be different.
Citizens can only have one wife, and female citizens can only have one husband. Bigamy is prohibited. The so-called bigamy refers to the behavior that one spouse marries a third party, or actually lives together in the name of husband and wife although they are not registered for marriage; And the behavior of citizens without spouses who know that others have spouses and marry them. Bigamy is a violation of marriage law, which undermines monogamy and is also a criminal act. Article 180 of China's criminal law stipulates: "Whoever has a spouse commits bigamy or marries someone knowing that they have a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention." Fan, a married woman, did not go through the divorce procedure, abandoned her family, lived with Zhang as husband and wife and gave birth to a boy, which constituted bigamy. Zhang has no spouse, but knowing that Fan has a spouse and lives with him in the name of husband and wife also constitutes bigamy. As a party to Fan's previous marriage relationship, Shang has the right to provide evidence to the people's court to accuse Fan and Zhang of committing bigamy and request that their legal responsibilities be investigated according to law. According to the relevant regulations, the court will dissolve the illegal marriage relationship between Fan and Zhang and investigate his criminal responsibility. If the divorce with Fan is still proposed, the court will mediate or make a judgment according to the specific circumstances.
137. Is it illegal for a woman to live with an unsuitable ex-husband after remarriage and divorce?
[Case]1June, 989, Li and Huang voluntarily applied for divorce and returned it.
"Marriage Certificate", and received the "divorce certificate". In June 5438+10 of the same year, Li and the farmer registered their marriage according to law. After marriage, I still remember my husband and wife and family life with Huang, and my contacts are getting closer and closer. This situation was also discovered by Fang. 199 1 year 1 month, Li filed for divorce with Tongfang. Fang saw that his wife's heart was long gone, so he went through the divorce formalities with her. Later, Li lived with her ex-husband Huang. Both Huang and Li said that they had remarried. As a matter of fact, Huang and Li Wei got married in accordance with the law. Some people in the village say that Li broke the law, while others say that she didn't.
[Analysis] One of the basic principles of China's marriage system is freedom of marriage. That is to say, within the conditions prescribed by law, male and female citizens can voluntarily decide their own marriage problems without being forced by the other party or interfered by any third party. Freedom of marriage includes freedom of marriage and freedom of divorce. As long as it matches.