Men concealed the fact that they lived together with colleagues and had children. Is it a big marriage?Regarding the facts of facts marriage and the crime of getting married, the article is clear!

Source: Rule of Law Daily

July 11,

Topic”话 话 话 话 话 and colleagues have children

Refusing to pay for the maintenance fee”

Search on Weibo.

Men concealed married and colleagues to have children

There is a second child with his wife

Things happened in Shanghai,

Men Zhang and Ms. Hu were colleagues.

August 2018,

Zhang concealed the fact that the married and bred,

Deception Ms. Hu said she was divorced,

Later, the two fell in love with each other for a while.

March 2021,

Ms. Hu gave birth to Zhang’s son.

After the child is born,

Zhang not only did not hear, but not only did not smell, but

At the same time, he had a second child with his wife.

Ms. Hu is unable to raise children alone,

Then he sued Zhang to Shanghai Pudong Court,

I think non -marriage children enjoy

The same rights as children’s children,

Zhang is required to pay the support fee.

Under the communication and coordination of the court,

The two parties reached a mediation agreement,

Pay to Ms. Hu every month by Zhang

Raising fee of 2,000 yuan,

Until the child is 18 years old.

Sold luxury goods on the second -hand platform

But refusal to pay 2,000 yuan per month for support

However,

Zhang has repeatedly arrears for the support.

And Ms. Hu had to go to the court again and again

Apply for compulsory execution.

first,

Under the limited high consumption measures taken by the court,

Zhang at the end of 2022,

Payed 18,000 yuan for raising fees.

the second time,

The judge’s investigation found that

Zhang’s life is rich,

Items sold on a second -hand trading platform

Almost all of them are valuable luxury,

Obviously have the ability to perform.

but,

No matter how the court calls,

Zhang just does not appear.

Detention+fine

Finally fulfill all

recently,

Executive judge came to Zhang’s house,

Zhang, who has been "invisible" for a long time.

After some interpretation of the reason, after the reason,

Zhang is still negative,

Unwilling to pay for the support.

Facing Zhang repeatedly refused to execute

His bad behavior,

The judge adopted it according to law

Judicial detention measures,

And imposed a fine of 2,000 yuan.

Under the severe punishment of the court’s "detention+fine",

Zhang performed all the cases the next day.

And write a promise,

It means that the maintenance fee will be paid on time in the future,

And fulfill his father’s responsibility.

This incident has aroused heated discussion among netizens.

Many netizens ask questions,

Is this a factual marriage?

Does it constitute a crime of getting married?

So,

Zhang concealed marriage with Ms. Hu and had children

Is it a de facto marriage?

What are the provisions of the facts of my country’s law?

The man is married and has been breeding, and lives with his colleagues and has children.

Does it constitute a crime of getting married?

Men concealed marriage with women, living together,

Does it constitute a crime of fraud?

What kind of relief channel does the parties have?

Let’s take a look at the professional interpretation brought by lawyer Zhang Huimin, a member of the Lawyers and experts of the Law Daily and a member of the Family Office of the Beijing Dacheng Law Firm!

1

Is Zhang concealed marriage with Ms. Hu and having a child?What are the provisions of the facts of my country’s law?

Zhang and Ms. Hu do not belong to the factual marriage in the Chinese Code.In our country, in addition to the consideration of the relationship between the relationship between the two parties, there is also a key time node, that is, 1994.

Article 7 of the Supreme People’s Court’s "Explanation of the Application of the People’s Republic of China (1)" stipulates that "Article 7 of the Civil Code is not shared in accordance with the regulations of Article 1099 of the Civil Code and lived in the name of a husband and wifeFor men and women, if a lawsuit requires divorce, it shall be treated differently: (1) Before the announcement of the "Regulations on Marriage Registration Management" on February 1, 1994, the men and women have met the essence of marriage in the fact that they are processed according to factual marriage.) After the implementation of the "Regulations on Marriage Registration and Management" on February 1, 1994, if both men and women meet the essential requirements of marriage, the people’s court shall notify them to make up for marriage registration. If the marriage registration is not remedied, it shall deal with"" ".

That is to say, whether the person who has not handled the marriage registration in the name of a husband and wife is identified as a real marriage on February 1, 1994.Before that day, if both men and women were in line with the essence of marriage, they were dealt with according to factual marriage, and the subsequent approval was identified as cohabitation relationship.Even if there is a de facto marriage, it is necessary to make up registration in 1994, otherwise it will be handled according to the cohabitation relationship.This also means that in the era of the Civil Code, the law no longer recognizes the facts of the facts, and replaced it.

In combination with the case of this case, although Zhang and Ms. Hu had a relationship of living together and even gave birth to children, because this series of incidents occurred after 2018, the marriage must be registered.Therefore, it is certain that the relationship between the two sides must not belong to the de facto marriage.

2

Is the man who is married and has a child and lives together with his colleagues.

It is clear that the definition of "marriage" for civil law and criminal law is different.As mentioned earlier, the Civil Code does not acknowledge the facts of the facts, and the relationship between the two cannot apply to the relevant provisions of the marriage editor.However, the criteria of different departments law are different.The identification of "marriage" in criminal law is not limited to legal marriage, and the crime of marriage does not rule out the fact that the de facto marriage is excluded.

According to Article 258 of the Criminal Law, the crime of big marriage refers to "a spouse who is married, or if he knows that others have a spouse and marry it, they will be imprisoned or detained for less than two years."

In judicial practice, the situation that constitutes a crime of marriage includes the following:

1) The big marriage of the two legal marriage: register and get married with the spouse, register with others and get married.

2) First of all, the legal marriage: register with the original spouse and marry, without registration with others, but get married with a husband and wife relationship.

3) Pioneer Marriage after marriage: I live together with the relationship between the spouse without registering, and then register with others to marry and get married.

4) The two facts of marriage: have not registered to marry with their spouses and others, but they have married with their spouses and others at the same time as husband and wife.

5) There is no spouse, but knowing that the other party has a spouse and registered with them or residents with husband and wife relationship.

In this case, whether Zhang constitutes a crime of marriage, and also consider whether the two parties live together in the name of the husband and wife for a long time, that is, whether it is a de facto marriage.Relevant evidence includes witness testimony of neighbors, family members, friends, and even security guards, hospital information such as couples such as couples such as production inspections and delivery, other evidence such as the child’s settlement information and wedding wedding wine.

3

Does a man conceal marriage with women and live together, does it constitute a crime of fraud?What kind of relief channel does the parties have?

According to the provisions of Article 266 of the Criminal Law, "fraudulent public and private property, with a large amount, sentenced to less than three years in prison, detention or control, and a single fine;For more than three years and less than ten years, and the fines are fined; if the amount is particularly huge or other particularly serious, it is sentenced to more than ten years in prison or life imprisonment, and a fine or confiscation of property.","

In other words, the crime of fraud refers to the performer of deception, so that the other party has a wrong understanding. The other party understands the property based on the wrong understanding of the property, causing the victim to suffer property losses, and the actor or a third party obtains property.The object it violates is the ownership of public and private property.

The Pingjiang County People’s Court of Hunan Province has tried a case. A woman "married" and "love" with five men, and cheated the man’s property and cash for various reasons, and was eventually sentenced to a crime of marriage and fraud.In this case, it is only a fraudulent act to conceal marriage with women. However, because the case does not disclose more information about the property exchanges between the two parties, according to the current disclosed case, the man may not constitute the crime of fraud.

However, for this kind of act of concealing the fact that the facts of the marriage and others, they may bear legal responsibility. For example, the woman can claim to claim a claim to the court on the grounds of infringing their sexual rights.This was recognized by some courts in judicial practice. In 2018, in 2018, in the case of Li, a "sex right" claim dispute, he acknowledged the woman’s sexual rights, asked the man to apologize and pay for mental damage.

Author | Zhu Yuchen

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