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Can a husband declare his wife missing? Is gambling debt a joint debt? The legal and psychological analysis of "Disappearing Her" came →

author:Yanzhao Metropolitan Daily overview news

The movie "Disappearing Her" has exceeded 2 billion at the box office in 10 days of release

Movies bring a lot of topics

Become a social film

Including "Love Brain should watch this movie, directly cured"

"The sea oath mountain alliance can have, but you dare not go up the mountain and down the sea" and so on.

Other than that

Psychological terms such as "Mandela effect, suspension bridge effect" in the film

It's also curious.

Chen Zhilin, a psychological counselor and chartered psychologist of the British Psychological Society, told reporters

"Disappearing Her" uses human psychology to do the reversal

Many of these psychological effects are quite routine and common

Let's learn the psychology of love together.

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1. "Scumbags" can succeed because they are familiar with "routines" Countermeasures: Stay away from relationships that make you self-doubt and anxiety

In the movie "Disappearing Her", the male protagonist is a poor boy, and his wife Li Muzi has a good family, and the routine of winning Li Muzi's heart is very clear, that is, to do what he likes, such as finding that Li Muzi paints and likes Van Gogh, he takes the initiative to master Van Gogh's painting knowledge to obtain the illusion that he has a common topic with Li Muzi.

At the same time, He Fei is also a gambler, owed a huge gambling debt, Li Muzi returned it once, he said at that time that he changed his previous mistakes, but turned around and continued to gamble, Li Muzi refused to help back and intended to divorce, he set up a strategy, took Li Muzi to Southeast Asia to travel, set up a dead situation of "underwater starry sky", killed Li Muzi, hoping to inherit property by successfully reporting his disappearance...

He Fei's scumbag attribute has caused heated discussions on the whole network.

In this regard, Chen Zhilin told reporters that the reason why the "scumbag" can "scum" you is because he is familiar with various psychology, knows your psychological activities, mentality changes, knows what you need most, and is of course easy to be fooled.

"They are the people who love to show off the 'perfect personality', such as 'overbearing president' and 'returning prodigal son', which are their favorites." Chen Zhilin explained that He Fei drove Li Muzi out and designed a car accident, because he knew that Li Muzi's parents died in a car accident, and Li Muzi had a serious psychological shadow on the car accident, and this "fake car accident" made Li Muzi psychologically dependent on He Fei, so that He Fei quickly achieved the purpose of marriage.

For example, why not search for all kinds of information related to Van Gogh and take Li Muzi to Van Gogh exhibitions. Chen Zhilin said that not only that, they will also carry out some targeted image design according to the preferences of girls. At the same time, according to the girl's preferences to launch an offensive, they may also be like a peacock on the screen, only showing their beautiful side to girls.

Chen Zhilin said that there is a "peacock theory" in psychology, that is, they will dress themselves according to your preferences and get your favor from appearance; Second, they will present themselves to you, and if you can play guitar, he will sign up for classes tomorrow.

【Suggestion】

Chen Zhilin said that if you don't know how to identify "scumbags" and can't remember love skills and details, it doesn't matter, you just need to remember a love principle: "True love is to make each other better and better, and achieve each other." If it always makes you doubt yourself, nervous and anxious, etc., believe me, it is definitely not love, stay away as soon as possible! ”

2. The "Mandela effect" has been used many times to bring about a reversal Countermeasures: Do not believe in "experience", and seek scientific verification

In the lines and details of "Disappearing Her", many psychological pseudo-love effects are involved, including the Mandela effect, the halo effect (also known as the halo effect), the suspension bridge effect, the gaslight effect, etc.

Among them, the main ones that are used by the male protagonist He Fei are the "Mandela effect" and the "suspension bridge effect".

The "Mandela effect" is when a person's memory bias occurs and word of mouth leads to misunderstanding by others who do not know the facts of the event. Over time, the misguided person mistakes the news he hears for his own personal experience due to memory bias.

Take the movie "Disappearing Her", the male protagonist did not play the "Mandela effect" to the extreme. He used the "Mandela effect" to lay out for himself, creating his own "alibi" at the time of the event and disrupting everyone's memory. For example, in the film, the fake Li Muzi also used the "Mandela effect" to tamper with the memories of hotels, bookstores and other people - she always wore the same attire as the real Li Muzi, followed He Fei inseparably, entered and exited the hotel together, and deliberately called He Fei "husband" affectionately, creating an illusion for the hotel attendants, so as to unanimously regard them as the real wife.

In fact, the film's main creator has brought multiple suspense and reversals in the treatment of these two "Mandela effects", which has promoted the watchability of the story.

【Suggestion】

So in reality, how to avoid the "Mandela effect"? Chen Zhilin said that we can answer through doubt, verification and learning. We should not be too credulous in memory and fully believe in "experience", thus losing the ability to verify scientifically.

Because if you make mistakes and make ignorance the norm, you will only continue to deepen this illusion in the brain, and in the end you will be lazy to justify and passively adapt.

3. The heartbeat under the "suspension bridge effect" is just an illusion of love Countermeasures: Become a person who knows how to control emotions

In "Disappearing Her", there is also a word called "suspension bridge effect", which was also successfully used by He Fei.

In psychology, the suspension bridge effect means that when a person fearfully crosses the suspension bridge, his heart will involuntarily beat faster. If at this time, he happens to meet another person, then he will mistakenly understand the rapid heartbeat caused by this situation as the physiological response of this person to make his heart move, so he breeds love feelings for this person.

For example, in the movie, He Fei saved Li Muzi when he was in the diving hall, so he successfully got Li Muzi's contact information; Why not create a car accident and cheat Li Muzi to get a license to get married... This effect is used.

The heartbeat generated under the "suspension bridge effect" is not love, but the physiological response of people when they encounter danger.

【Suggestion】

Chen Zhilin told reporters that the illusion of love produced under the "suspension bridge effect" is itself a deformed feeling, and any healthy relationship starts from shielding the "suspension bridge effect".

In order to avoid such a thing, everyone must be a person who knows how to control emotions, even in the face of the ups and downs of life, he can deal with it calmly, rather than becoming a slave to emotions.

Second, before making any decision, allow yourself to think calmly and realize the importance of the decision. Find a quiet place, away from outside influences, and calm down to clear your mind. You can meditate, keep a journal, or chat with a friend to help clear your mind and make your thoughts clearer.

4. The "halo effect" is easy to "generalize from the point and partial to the whole" Countermeasures: Be wary of preconceived "first impressions"

From Li Muzi's point of view, she easily married He Fei, and tried to forgive him for gambling many times, which shows that she also has some problems, such as the "halo effect".

Chen Zhilin told reporters that the halo effect, also known as the halo effect, refers to people's cognitive judgment of others, which is based on a particularly prominent characteristic and quality of the other party, and then deduces other qualities of the cognitive object from this judgment, so that the phenomenon of "generalizing with points and generalizing with partiality" eventually occurs.

"For example, Li Muzi not only sees He Fei as a lifesaver, but also believes that he likes art as much as he does and continues to accept each other." Chen Zhilin explained that couples in the period of love are very susceptible to the halo effect, infinitely magnifying each other's strengths, but ignoring each other's shortcomings. So at this time, Li Muzi's eyes were full of He Fei's good, and he was full of expectations for his new life, so he accepted this lover who had fallen into gambling.

【Suggestion】

So how to avoid the effects of the "halo effect"? Chen Zhilin's suggestion is that, first of all, we must treat the first impression objectively, because the first impression is always preconceived and often affects our judgment of future information, so we should always be mentally prepared to transform or even deny the first impression.

Secondly, pay attention to the "projection tendency" and do not attach some of your own psychological characteristics to the other party. "This tendency is often unconscious. When we do not pay attention and do not engage in sober and rational self-reflection, we are likely to develop various prejudices. ”

Another thing is to avoid "circular confirmation". Chen Zhilin said that a person's prejudice against others is often automatically confirmed. Because the bias of one party's feelings leads to the bias of the other party, which in turn reinforces the degree of bias of one party. Therefore, when we have a stereotype about someone, we should consciously review our attitude and behavior, and consciously get out of the maze of halo effect.

Watch "Disappearing Her"

After studying the psychology of love.

so

In the eyes of legal people

What are the legal details of this movie?

Can a husband declare his wife missing? Is gambling debt a joint debt? The legal and psychological analysis of "Disappearing Her" came →

1. Li Muzi suddenly disappeared during the wedding anniversary trip, why can't her husband apply to the court to declare him missing?

The judge answered: Yes, but there is a time requirement, that is, the natural person must have been in a continuous and uninterrupted state without hearing for 2 years. Article 40 of the Civil Code of the People's Republic of China stipulates that where the whereabouts of a natural person have been unknown for two years, the interested party may apply to the people's court to declare the natural person a missing person.

Among them, interested parties include the spouse, parents, children, siblings, grandparents, maternal grandparents, grandchildren, maternal grandchildren, and other persons who have civil rights and obligations with the respondent, mainly referring to the partners and creditors of the missing person.

2. After Li Muzi "disappeared", how to deal with the huge property under his name, and did his husband and the fetus in the womb have the right to inherit?

The judge answered: Li Muzi's fetus died due to the death of the mother, its civil rights capacity did not exist from the beginning, there was no inheritance right, and her husband did not lose the right to inherit because he deliberately killed the decedent, so neither of them had the right to inherit.

In the movie, Li Muzi's parents died, and there were no brothers and sisters, maternal grandparents, grandparents and other relatives, and his inheritance was not inherited. If Li Muzi still has debts unfulfilled before his death, the civil affairs department or villagers' committee of the place where the decedent lived before his death shall serve as the administrator of the estate, and the administrator shall perform duties such as handling the claims and debts of the decedent.

Among them, the inheritance that no one inherits and no one is bequeathed belongs to the state and is used for public welfare; If the deceased was a member of a collective ownership organization before his death, he or she belongs to the collective ownership organization.

3. Why not owe a huge gambling debt in the movie, is the gambling debt considered a joint debt of husband and wife? Can his wife Li Muzi refuse to take a debt for him?

The judge answered: Gambling debts are not joint debts of husband and wife, and Li Muzi can refuse to repay the debts for him.

Joint debts of husband and wife refer to debts incurred by mutual expressions of intent such as the joint signature of both husband and wife or subsequent recognition by one of the husband and wife, as well as debts incurred by one of the spouses in their personal name for the daily needs of the family during the marriage relationship.

In the movie, the huge debt owed by gambling exceeds the daily needs of the family, and is not used for the joint production and operation of husband and wife, generally not a joint debt of husband and wife, and his wife Li Muzi can refuse to bear the responsibility of liquidation.

4. Why not when you get along with a fake wife, you want to secretly record a recording to prove your innocence, can the secretly recorded recording be used as evidence?

The judge's answer: If the secretly recorded audio and video is to be used as evidence, it needs to be obtained in a way that does not infringe on the rights and interests of others and does not violate the prohibitive provisions of the law. If audio and video recording evidence is to be accepted by the court, in addition to the legal method of obtaining it, the content of the audio and video recording should also be authentic and relevant, that is, ensure that the audio and video recording has not been edited or edited, the front and back are closely connected, the content has not been tampered with, and it is related to the facts to be proven.

So, what is a method of infringing on the rights and interests of others or violating the prohibitions of the law?

If listening or surveillance equipment is installed in other people's homes or private cars to secretly record or photograph, or audio or video recordings obtained through luring, fraud, coercion or violation of human ethics, audiovisual materials obtained in this way are illegal and will not be recognized by the court.

5. The false wife sends her to the hospital for compulsory treatment on the grounds that she is not mentally ill and violent. So in real life, can mentally ill people use this to escape criminal punishment after committing crimes?

The judge's answer: It depends on whether he has the capacity for criminal responsibility at the time of the crime. The premise of compulsory medical treatment is that the mentally ill person does not have the capacity for criminal responsibility, and if the mentally ill person is not in the period of onset and has the capacity for criminal responsibility, he shall be subject to criminal punishment. Only after a mentally ill person commits an act of violence that endangers public safety or seriously endangers the personal safety of citizens, and after being found to be not criminally responsible, and there is a possibility of continuing to endanger society, may he enter the compulsory medical procedure.

6. Why is he not addicted to online gambling in the movie, suspected of illegal crimes?

The judge's answer: Gambling is illegal. According to Article 70 of the Law of the People's Republic of China on Administrative Punishments for Public Security, whoever provides conditions for gambling for the purpose of profit, or participates in gambling with a large amount of money, shall be detained for up to five days or fined not more than 500 yuan; where the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and shall also be fined between 500 and 3,000 yuan.

If you not only gamble yourself, but also take others to gamble, or "give the code" to others, it may involve a criminal offense. According to Article 303 of the Criminal Law of the People's Republic of China, whoever gathers a crowd to gamble or gambling for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance, and a fine; where the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined.

7. In the movie, He Fei and Chen Mai drive a car and a car that tracks them chase each other on the road, does this car chase constitute a crime?

The judge answered: Driving a motor vehicle on the road, chasing and racing, and the circumstances are egregious, which constitutes the crime of dangerous driving. If an accident occurs accidentally during the chase, resulting in casualties, it may constitute a traffic accident.

8. Why not after killing his wife Li Muzi, where can the court judge him?

Judge's answer: The film is set on an island in Southeast Asia. Article 8 of the Interpretation of the Supreme People's Court on Application stipulates that crimes committed by Chinese citizens outside the territory of the People's Republic of China shall be under the jurisdiction of the people's court in the place where they landed, entered the country, resided before leaving China or currently resided; Where the victim is a Chinese citizen, the people's court in the place where the victim lived or currently resides may also have jurisdiction. In summary, the courts of the country to which the island belongs and the mainland have jurisdiction.

Source: Overview News Client Comprehensive Chao News Client, Yangtze Evening News