Lawyer

Chapter 832 Get Out!

"Old Meng, what do you think?" Fang Yi looked at Meng Guangda.

Meng Guangda considered for a while: "I agree with Du Yong's opinion."

"Well, Lao Meng, I'll give you 10 minutes to think about the reason.

Don't be too restrained, everyone, take advantage of this time to get water glasses, this is a case discussion meeting in the form of a tea party, everyone, don't be too restrained.If you are thirsty, there is a water dispenser over there, so don't make it look like a conference.

Yun Qiao, take out the snacks, it's already three o'clock, let's have some afternoon tea. "Fang Yi clapped his hands twice and said with a smile.

Yun Qiao moved very quickly, and took out a box of snacks from the cabinet in the office, including small bread and ham sausage, which Fang Yi asked Yun Qiao to purchase before.Every time I finish eating, Yunqiao will automatically restock.

Everyone got busy, and 10 minutes later, there was the sound of tearing packages and eating snacks in the office.

"Brother Da, don't always focus on eating, it's your turn to speak." Du Yong urged while eating the small twist.

Meng Guangda was about to swallow the biscuit in his mouth to speak. He didn't know whether the biscuit was too dry or Du Yong was urging him to be anxious. He suddenly choked and stared. After taking a few big mouthfuls, I can breathe comfortably.

"Brother Da, you have to take it easy, or let others speak first!" Du Yong laughed.

Seeing Meng Guangda like this, everyone also laughed out loud.

Meng Guangda hurriedly waved his hand, and said with embarrassment: "It's not in the way! It's not in the way. I'm hungry, and I'm in a hurry to eat...

My reason is very simple. The defendant deliberately concealed the truth and maliciously applied to the court to declare his spouse dead. His behavior is a fraud. Therefore, the marriage relationship between the two parties should not be eliminated, but should still exist.Specifically..."

As soon as everyone heard the words "specifically", they knew that Meng Guangda had committed another old habit and was about to knock on the blackboard to give lectures, but they didn't interrupt him, and Meng Guangda's lectures were sometimes very nutritious.

"... Specifically, civil law only protects legitimate civil legal relationships and civil acts in good faith, requiring actors not to infringe upon the legitimate rights and interests of others and social and public interests when performing acts.

For those acts that maliciously infringe on others or public interests, and acts that are not very harmful to society, civil law will not protect them, not only that, but also provide corresponding sanctions or relief measures, and will require the infringer to bear corresponding civil liability.

According to the relevant provisions of the "General Principles of Civil Law" (the "Civil Code" has become invalid after the implementation of the "Civil Code"), malicious fraudulent behavior should be considered as an invalid behavior, and the legal relationship confirmed by the fraudulent behavior should also be invalid, and it is invalid from the beginning.

Therefore, the provisions of Article 30 of No. [-] of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation (General Principles of the Civil Law of the People's Republic of China) (Trial Implementation)" mentioned by lawyer Zhou just now should only be aimed at legal civil acts, in other words, only can target acts of good faith.It shall not apply to fraudulent acts committed in bad faith.

In this case, the defendant Yu Yijing deliberately concealed the fact that she had a relationship with her husband, Le Changsheng, and the fact that Le Changsheng sent money.

Falsely claiming that Le Changsheng’s whereabouts have been missing for four years, maliciously applying to the court to declare Le Changsheng’s death is a serious violation of the law, and it is an invalid civil act. The legal relationship between Le Changsheng and Le Changsheng’s marriage relationship due to the death of Le Changsheng should also be voluntary. invalid.

To sum up, the marriage relationship between Yu Yijing and Le Changsheng has not been eliminated in essence because of the invalidation of Le Changsheng's death declaration. "

"Lawyer Fang, what do you think?" Zhou Ying looked at Fang Yi, feeling a little looking for the Iron League.

It's just that she forgot that the iron alliance in society is maintained by interests, but the iron alliance in the team is not based on interests, but on the basis of laws and principles.

"I agree with Lao Meng's opinion." Fang Yi replied.

"Okay, I'm lonely now." Zhou Ying looked like a deflated ball.

"Sister Zhou, don't be discouraged. Although I don't think what you said is very tenable, I support you spiritually. As long as you pack my lunch for next week, what do you say?" Yun Qiao hehe laughed.

"Get out! You're taking advantage of the fire to rob, don't you know?" Zhou Ying said half-truthfully, angrily.

"Well then, my only ally has also withdrawn, and I will break with you for 5 minutes." Yun Qiao was not angry either.

The two bickered and made everyone laugh.

"Okay, let me tell you my reasons." Fang Yi took a sip of tea: "I think the defendant Yu Yijing meets the constitutive requirements of bigamy.

First of all, when Yu Yijing applied to declare Le Changsheng's death, she subjectively knew the fact that Le Changsheng had been in touch with her for many years and was not missing. An application was made to the court to declare Le Changsheng's death, which led to the court's judgment that the defendant, Yu Yijing, obtained a false status as a "fictitious widow".

Secondly, after Le Changsheng was deported back to China, he sued the court for divorce, and the defendant Yu Yijing participated in the divorce proceedings as Le Changsheng's wife, which fully proved that Yu Yijing was not "widowed" but "married" to her. This is well known.

Therefore, the defendant Yu Yijing used fraudulent means to defraud the court to declare Le Changsheng's death, the nature of the act of marrying others after obtaining the legally stipulated "fictitious widowhood" status, and the nature of the act of marrying others by deceptive means with those who already had spouses, pretending to be unmarried or The status of divorce, and the nature of being married to others are the same, both are bigamy.

Judging from the whole case, the false procedure obtained by the defendant Yu Yijing in this case is a judgment of death issued by the people's court, which is a special means of expression of bigamy.

To sum up, Yu Yijing, the defendant in this case, first concealed the truth and maliciously applied to the court to declare Le Changsheng dead.Later, during the divorce period, he continued to deceive the court, concealing the fact that the private prosecutor Le Changsheng had been declared dead by the court, and married someone else during this period.

Yu Yijing's remarriage has seriously violated Le Changsheng's legal rights and the monogamous marriage system protected by our country's laws. Not only that, but she has also seriously disrupted the judicial order. The circumstances are serious, and it is obviously no longer an ordinary civil violation. Behaviors that meet the constituent elements of the crime of bigamy have constituted the crime of bigamy. "

"Well, it seems that I have to adjust my defense thinking." Zhou Ying muttered after the audience finished speaking.

If a lawyer objects to her defense plan, it may be that everyone has a different understanding of the case and the law, but so many lawyers in the team object to her opinion, Zhou Ying has to reconsider the direction of her defense.

"We're just offering different opinions. It's up to you to determine the specific defense plan. Let's not talk about it." Fang Yi said with a smile.

What a professional team is most afraid of is talking about it, which will frustrate everyone's enthusiasm. You have the final say, so we still have to think about the fart.Just play by yourself.

(End of this chapter)