When the "original match meets the little three" will inevitably appear punches and kicks, big punches and shots. Xiao San's behavior is hated by many people, and after being touched by the original partner, he is basically in a moral inferior position, and he only has to be beaten. So, is it illegal to play the original little three? Can the husband's original property to Xiao San be returned? Is it illegal for a little three to destroy someone else's family? Can a divorce be processed off-site? What are the formalities for litigation divorce? Still need to return to the original place of divorce, the original match he ru and the husband divorced.
Only by intervening in another person's marriage can it be suspected of bigamy. It is not an offence to commit a crime if a third person unknowingly bigamies or cohabitates with a married person.
However, in China's Civil Code, there is no explicit provision for doing a small three to destroy other people's families. There is only moral condemnation. If Xiao San is not guilty of bigamy and has two marriage certificates, there is no explicit provision in the law. It is only according to the provisions of China's civil code and traditional customs that this kind of behavior is extremely immoral.
According to the law, it is not against the law that Xiao San does not have two marriage licenses. Moreover, there are clear legal provisions in the Civil Code for doing small three, and there is only moral condemnation. If the law is not broken, the law has not yet addressed this.
First of all, if The third child destroys someone else's family, the law will not be prosecuted if one of the destroyed families does not commit personal injury or other acts that violate the law.
Secondly, if a third party intervenes to lead to divorce, the party without fault in the marriage can ask the other party to make corresponding material and moral compensation, but there is no basis for requiring the third party to bear legal responsibility, and it will not be supported by the court.
Finally, if a spouse interferes in another person's marriage and is suspected of the crime of bigamy, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with article 258 of the Criminal Law of the People's Republic of China. If the other party is a soldier and is suspected of the crime of sabotaging a military marriage, according to article 259 of the Criminal Law of our country: "Whoever knowingly resides with or marries the spouse of an active military member shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention."
Although the original match is morally reasonable, beating people will still constitute a crime, depending on the severity of the beating. If it constitutes more than minor injury, the crime of intentional injury is constituted, which is generally punishable by fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The crime of intentional injury refers to the act of intentionally injuring the body of another person.
Legal basis
Article 234 of the Criminal Law of the People's Republic of China
Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
Whether the property given by the husband to Xiao San can be returned depends on the following circumstances: 1. If the cheating party uses personal property, it is generally impossible to ask for return, and if the joint property of the husband and wife pays for the cost of daily living, it is difficult to ask for return; 2, if the joint property of the husband and wife is donated to Xiao San, that is to say, to Xiao San, this situation belongs to the fact that one of the husband and wife disposes of the common property without the consent of the other party and the donation can be found to be invalid. The wife can request the return of this part of the property.
Relevant regulations:
Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the common property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) income from production, operation and investment; (3) income from intellectual property rights; (4) property inherited or donated, except as provided for in item 3 of Article 1063 of this Law; (5) other property that shall be jointly owned. Husband and wife have equal rights to dispose of common property.
If you choose to divorce by agreement, you cannot handle it in a different place. In the case of litigation divorce, you can divorce in a different place.
Legal basis:
1. Article 4 of the Marriage Registration Regulations Stipulates that when a mainland resident marries, both a man and a woman shall jointly go to the marriage registration office where one of the parties' permanent residence is located to register the marriage.
Where a Chinese citizen marries a foreigner in Chinese mainland, and a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwan resident, or an overseas Chinese Chinese mainland, the man and the woman shall jointly go to the marriage registration office where the permanent residence of the mainland resident is located to register the marriage.
2. The people's court of the defendant's domicile shall have jurisdiction over the civil lawsuits initiated against citizens; Where the defendant's domicile is inconsistent with his or her habitual residence, the people's court of the habitual residence shall have jurisdiction over it.
The above mentioned long-distance divorce can only be a litigation divorce. The specific process is as follows:
1. Write a divorce complaint (you can ask a lawyer to write it)
2. Prepare the evidence required for divorce proceedings
3. Submit a divorce petition and evidence to a competent court
4. The court decides whether to accept the divorce proceedings
5. After the court accepts the divorce lawsuit, it will send a copy of the indictment to the other party within the statutory time
6. The court arranges a hearing time and sends a summons to both parties
7. Hearing: Both parties may retain a lawyer or other professional to represent the divorce proceedings
8. The court renders a judgment on whether to grant divorce, how to divide the property, and how to resolve the issue of child support, in accordance with the plaintiff's claims and the evidence submitted by the parties.
China's marriage registration system is networked nationwide, so the status of citizens' marriages can also be checked in different places, but citizens' marriage information can only be queried by the person or the administrative organ when it is necessary for work.
Article 1076 of the Civil Code [Divorce by Agreement] Where both husband and wife voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration organ.
The divorce agreement shall state the expression of intent of the parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.