Law Lecture Hall: About "Xiao San"

Yesterday, the commercial newspaper joint mop Xiao Bai District conducted an investigation.

Up to 8 in the evening, 62% of netizens supported the claim of "No 3" in the no fault direction, and only 19% of the netizens objected.

Is it proof that the proof is "little three"?

A netizen in Nanning thinks that it is the biggest problem to pursue the responsibility of "little three".

Guo Wenzheng, President of the court of the Zhengzhou municipal high tech Zone, said that even if "spouse rights" were written into the law or added to the judicial interpretation of the marriage law, it would not be easy to pursue the civil liability of "Xiao three".

"The difficulty is in obtaining evidence."

Guo Wenzheng said, as the plaintiff, unless it can prove that "Xiao San" cohabitation with his spouse, or just like the netizens said, "in the bed".

If two people have an unmarried child, obtaining evidence is relatively easy.

Of course, during the period of marriage, when cohabiting with others and proportionate to husband and wife, both parties may constitute bigamy and may be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

"Knowing that someone else has a spouse and marries with him also constitutes bigamy."

Guo Wenzheng said, "Xiao San" is not only subjected to moral condemnation, but also may be convicted for breaking the criminal law.

The definition of "small three" should not be divided into men and women.

"Xiao San" should not be divided into men and women.

A netizen said that if a married man married a married woman, his wife could claim damages to "Xiao San". Then, the husband of Xiao San should have the right to claim a male "little three" claim.

What should be included in the claim, and also become the focus of controversy among netizens.

Guo Wenzheng said that the famous man gave "little three" millions of dollars in cash, cars, and a set of millions of yuan worth of property. Later, his wife sued her husband and "Xiao San" to the court and demanded the return of the property.

Because the real estate certificate is the name of "Xiao San", and the wife has no evidence to prove that it is sent by her husband. Therefore, the court only decided that "little three" returned the vehicle and hundreds of thousands of yuan in cash through the bank pfer.

"The spouse gives the money to Xiao San, and the other party has the right to return."

Guo Wenzheng said that the marriage law clearly stipulates the protection of marital property.

Claim is "little three", "youth fee" usually no drama.

Without knowing the situation, when someone else's "little three", can "Xiao San" make a claim?

"There is no legal basis for such claims."

Guo Wenzheng said that in reality, the "little three" will prosecute the man who has been derailed to the court, asking for "youth loss", but there is no such entry in law, which is usually rejected.

According to the current marriage law, it is impossible for the yuan to claim compensation for the "little three".

Spouses are having an affair, resulting in divorce between husband and wife, and no fault party can claim damages to the other party, including material and spiritual losses.

However, there is no legal basis for claims to "Xiao three", and even if they are brought to court, they will usually be rejected.

More choices and more bigamy are being prosecuted.

Zhang Shaochun, lawyer of Zhengzhou branch of Tian Zhi Quan law firm, believes that there are few cases of bigamy crime handled by the judiciary at present. The main reason is that the charge is a charge of private prosecution.

The case of bigamy emphasizes the burden of proof of the victim, to a certain extent, depends on whether the victim has evidence or evidence is sufficient. If the victim has no evidence, the court will not accept it.

In reality, even if one side is having an affair, but in view of the feelings of the couple and having a common child, most of the victims choose to tolerate, instead of directly accusing the wrongdoer to the court, and ask for criminal responsibility.