Text: Lawyer Zhuang Zhiming
Another vicious case of bride price:
Agenzigu bought a pig-killing knife. At noon the next day, he grabbed the knife and stabbed the Ran family to death with his 22-year-old son Agen Riliang. The Ran family and his wife were originally the in-laws of the Agenzi group. They had promised to marry their second daughter Ran Yingying to Agen Riliang, but later regretted the marriage. When he was killed, he had not returned the more than 300,000 yuan in dowry paid by Agen's family.
Obviously, this is a bloody murder of a bride price dispute. You are worried about other people's bride price, and people are worried about your family's life.
The bride price set by Ran La is 368,000 yuan, which is said to be a very common price in the local area. Ah Genzi did not bargain, and the remaining more than 10,000 yuan could not be scrapped, and he promised to pay it off after the children got married. On the day of the engagement, the man paid the woman another 16,000 yuan for the purchase of Yi costumes for the wedding, and a total of 372,000 yuan was delivered.
Since May 31, 2022, 16 departments in Liangshan, Sichuan Province have jointly issued a document stipulating that the maximum wedding bride price shall not exceed 100,000 yuan. If you don't follow the rules, you have to suffer from the unrulines.
According to the news: "In Ran Yingying's narrative, her father asked the Yi priest to calculate that she was not suitable for marriage in 2022. So, after the engagement ceremony, she followed Agen to Dongguan to work, lived together before marriage, and planned to arrange marriage after 2022. ”
Judging from the news description, after the bride price, the man and woman began to live together before marriage. As the old saying goes: A hundred years of repair can be crossed in the same boat, and a thousand years of repair can be slept together. And the clue drawn from the author of this news is that there was a bride price, and then there was a cohabitation quickly. It can be seen that the high bride price still has "value". From this point of view, the basis for the cohabitation of a man and a woman is very unreliable, or the basis for their cohabitation is actually the bride price.
When cohabitation is not based on feelings, but on bride price, it is destined to be full of variables. Later, Ran Yingying wanted to repent of her marriage, and the conflict began. Fierce violent conflicts are inevitable in many cases, but this time the violence is so fierce that it is directly a matter of life.
Where the sun of the rule of law does not shine, violence often grows wildly, and the Agenzi family has also turned to lawyers for a bride price dispute, and Agenzi's younger brother Agen said that they also tried to solve the problem through legal means. After the first two matchmakers failed to communicate, they went to the law firm to inquire: "First of all, we must pay a lawyer's fee and then a mediation fee, but despite this, there is no guarantee that the bride price can be recovered at one time." ”
Agenzi's group was also dissatisfied with the lawyer's reply, after all, the son still urgently needed the money to beg his daughter-in-law, "It's too troublesome, it's too troublesome, let's discuss it slowly." The author analyzes that the communication between the Agen subgroup and the lawyer is not sufficient, and there is an information asymmetry between the two sides. However, it is impossible for a lawyer to "package", and what a lawyer provides is an intangible service, not a tangible commodity.
There is no way to "package" intangible services. Article 33 of the "Measures for the Administration of Lawyers' Practice" stipulates: "When a lawyer undertakes business, he or she shall inform the client of the legal risks that may arise in the handling of the entrusted matter, and must not make improper promises to the client about the outcome of the handling by explicit or implicit means. Therefore, a lawyer cannot promise the outcome of a case, and if he does, he is in violation.
Why prohibit lawyer commitments? This is because the outcome of a lawyer's work is affected by many factors, such as the evidence situation, the judge's tendency, the opinion of the adjudication committee, the litigation strategy, the lawyer's professional level, national policies, illegal interference by power, and other factors. Most of these factors are uncontrollable and unknowable, and in the face of a large number of uncertainties, lawyers can only open their eyes to making promises – often motivated by the desire to ignore legal fees.
In view of this, the professional norms of lawyers do not allow "bags", and many parties only like "bags", and they are not happy without bags. As long as the lawyer does not "pack", he will quickly change the court to find a lawyer or solve it in other ways. It can be seen that a lawyer who does not pat his chest is a good lawyer, and a lawyer who pats his chest is a bad lawyer.
The scene of the murder
In this news event, the Agen subgroup chose to kill, but did killing solve the problem? No, just make the bad things worse and more passive, according to the news: "The Agen family entrusted an intermediary to find the Ran family to sue for peace, hoping to get a letter of understanding and not to leave the hatred to the next generation, which was rejected by the Ran family." "Originally, the bride price didn't come back, and now that I killed someone, the bride price must not come back, and if the bride price does not come back, I have to ask for forgiveness.
Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Involving Bride Price stipulates that: "Where the parties have not registered their marriage but have 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 the facts of living together and the circumstances of pregnancy, the fault of both parties, and other facts, and in combination with local customs, determine whether to return the bride price and the specific proportion of the return." ”
In view of the fact that Agen Rirail and Ran Yingying have not completed the marriage registration, and Ran Yingying has not given birth, according to the regulations, there is a high probability that the bride price paid by the Agen family will be returned, and the only way to resolve the demand for the return of the bride price is to solve it in accordance with the law. It's a pity that the Agen family did not solve it by legal means, but by violent means, which is a typical deviation and shooting themselves in the foot.
The tragedy between the Agen family and the Ran family also indicates that cohabitation based on the bride price is very unwise and extremely dangerous. Don't want such a bride price...