Filing a civil lawsuit is a "conspiracy"! It depends on how the woman takes it!
Recently, there has been a new development in the "engagement rape case", and the man filed a civil lawsuit, demanding that the woman register the marriage according to the agreement, otherwise, the full bride price will be returned immediately.
In this regard, many friends said that rape is rape, the bride price is the bride price, one yard is one yard, and the woman should return the bride price to the man.
Indeed, the bride price is essentially a gift conditional on marriage.
According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code, if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply:
(1) The parties have not gone through the marriage registration formalities;
(2) The parties have gone through marriage registration formalities but do not live together;
(3) Premarital payments that cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Not long ago, the Supreme People's Court promulgated the "Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Involving Bride Price", which also clearly stipulates that it is forbidden to solicit property through marriage, and if one party extorts property in the name of marriage in the name of bride price, and the other party requests to return it, the people's court shall support it.
Where both parties have already registered their marriage and are living together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's court will generally not support it. However, if the period of living together is relatively short and the amount of the bride price is too high, the people's court may, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as the amount of the bride price, the circumstances of living together and the circumstances of pregnancy, and the fault of both parties, and combine local customs, to determine whether to return the bride price and the specific proportion of the return.
Where the parties have not registered their marriage but have already lived together, and one party requests the return of the bride price paid in accordance with custom, the people's court shall, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as living together and the circumstances of pregnancy, the fault of both parties, and consider local customs, to determine whether to return the bride price and the specific proportion of the return.
Specifically, in this case, although the man and woman involved were engaged but not married, and although they had been in love for a few months, they did not live together, even considering that the man was at fault, the woman should return most of the bride price to the man.
The return of the bride price is a sure thing, why doesn't the man focus on the criminal case, but suddenly file a civil lawsuit?
Article 175 of the Criminal Procedure Law stipulates that if a victim suffers material losses as a result of a criminal infringement of his or her personal rights or the destruction of his property by a criminal, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings;
Where an attached civil lawsuit is raised or a separate civil lawsuit is raised to demand compensation for mental losses due to a criminal violation, the people's court will generally not accept it.
In other words, if a victim of a criminal case demands civil compensation, he or she may file a civil lawsuit attached to the criminal case in accordance with the law, or may file a separate civil lawsuit, but the scope of the claim for compensation only includes material damages and does not include compensation for moral damages.
Specific to this case, according to previous reports, the woman's physical health has not been harmed, and the greatest damage is sexual autonomy, which belongs to the category of mental damage.
In this case, if the man claims the bride price back, it means that if the woman insists on pursuing the man's criminal responsibility, she will not get a penny in the end.
On the other hand, if the woman wants to keep the bride price she has received, she needs to reach an agreement with the man, that is, to forgive the man.
However, according to the provisions of the "Trial Implementation of the Sentencing Guiding Opinions of the Supreme People's Court and the Supreme People's Court for Common Crimes", where the victim is actively compensated for economic losses and forgiveness is obtained, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, the ability to compensate, and the expression of admitting guilt and remorse.
If the woman chooses to keep the bride price, it will increase everyone's prejudice against the woman, and even if this does not affect the characterization of the case, the man will be convicted and given a light sentence.
Taking a step back, the woman does not want the bride price, but returns all the bride price to the man, which is to investigate the man's criminal responsibility, and the man can also use the civil lawsuit to create an opportunity to have a dialogue with the woman, understand why the woman who is sweet with him and immediately enters into marriage with him has become so "excessive"?
Finally, the man filed the lawsuit at this time, apparently to tell the woman this and put pressure on the woman. Next, it's up to the woman to take over.
What do you think about this? Welcome to leave a message in the comment area and exchange your views with everyone!
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