It is common to sue mistress for destroying the family for several years. For the original match, it is a very sad thing for the partner to cheat, so everyone wants to solve it through legal means. Then sue a mistress for destroying her home for several years.
How many years does it take to sue a third party for destroying the family? 1 first, how many years will a third party be sentenced for destroying the family?
If a third party destroys the family and the evidence is conclusive, a de facto marriage is formed. According to Article 258 of China's Criminal Law, he was sentenced to 1 to 2 years or criminal detention. If you marry someone knowing that they have a spouse, or cohabit openly in the name of husband and wife, it also constitutes bigamy.
Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Only the above two can lead to criminal responsibility and may be sentenced. The involvement of other third parties in marriage will either lead to civil liability (such as apology and compensation) or moral liability (social condemnation, etc.). ).
Second, what is the crime of bigamy
According to Article 258 of the Criminal Law of People's Republic of China (PRC), the crime of bigamy refers to the act of marrying others with a spouse or knowing that others have a spouse. The so-called spouse means that a man has a wife and a woman has a husband. This relationship between husband and wife still exists without legal procedures, that is, a person with a spouse;
If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse. The so-called marriage knowing that others have a spouse means that although I don't have a spouse, I know that the other person has a spouse.
And deliberately married (including registered marriage or de facto marriage). This kind of behavior is an act of deliberately destroying other people's marriage. The specific provisions of the Criminal Law stipulate that whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Third, the judicial interpretation of bigamy crime
1. Judging from the subjective characteristics of bigamy, its bigamy behavior is direct and intentional. This kind of direct intention is manifested as: marrying others knowing that their existing marriage relationship has not been dissolved, or marrying others knowing that they have a spouse.
2. The object of bigamy is monogamy, and the victim's "legal marriage relationship" is only the object of bigamy. The first view directly confuses the difference between criminal object and criminal object.
3. The objective aspect of bigamy is that bigamy violates the fundamental marriage system of monogamy. That is, the crime of bigamy has two marriages at the same time, and whether the previous marriage relationship is legal or not does not affect the composition of bigamy.
4. In judicial practice, the former marriage is illegal and the later marriage is "legal", which is just a means adopted by bigamy to escape legal sanctions under the new situation and a new manifestation of bigamy crime.
Therefore, the third party who destroys the family may be suspected of bigamy, which can effectively stop the derailment of marriage. Once convicted of bigamy by the court, he can be sentenced to criminal detention of up to two years. Even if you are not punished by criminal detention, you have to bear a series of civil and social responsibilities.
Accusing the third party of destroying the family for several years. The latest Marriage Law has amended many legal provisions, and people are most concerned about whether the third party will be sentenced and punished by the law. According to the latest marriage law, the amendment does not explicitly state that the third party will be punished by law. Because the intervention of a third party is a kind of moral deficiency, it does not constitute a crime, but it will also constitute a crime if the following three conditions are met.
Three situations
Point 1, if a third party marries a man or a woman unwittingly or knowingly, it constitutes bigamy. Second, if the man and a third party jointly plan to block the property into their own meeting after marriage, they may be convicted of fraud.
The third possibility is that if a third party intervenes, the families of both parties will break up and even someone will be injured. In this case, the third party will also be given legal responsibility.
Moral condemnation
But generally speaking, the intervention of the third party is not within the jurisdiction of the law, but a moral condemnation. The final form of love is often marriage.
Both husband and wife have legal effect. When they cheat or are intervened by a third party after marriage, it will not only break up the marriage, but even cast a shadow over their families. The reason why some third parties come in is often that they are attracted by the man's money and want to kidnap him and divorce his original match by virtue of their young beauty.
ideological education
We should not only condemn these people on the moral level, but also educate them. Even girls who have such thoughts and behaviors are young and their parents lack discipline. This is not only the level of money worshippers, but also the act of destroying other people's families, which will bring shame to the whole family. There is an old saying that flies don't bite seamless eggs. Why should a third party intervene? Or is there something wrong with your marriage?
Most couples will face the seven-year itch. Living together for a long time, I feel that there is no freshness and life is too dull. If new faces appear, they will mistakenly think that this is the life they want. I don't know that insipid is happiness.
Accusing San Xiao of destroying the family for years. 3 1. How to sue San Xiao to succeed?
According to the law, it is not illegal for Xiaosan not to get a marriage certificate from the other party. Moreover, the civil code has no clear legal provisions on being a mistress, only moral condemnation.
If there is no violation of the law, this point has not been covered by the law. If no personal injury or other illegal acts have been caused to one party of the destroyed family, the law will not hold him accountable. If Xiao San's behavior constitutes bigamy, she can ask for mental compensation in the case of bigamy.
However, if Xiao San has one of the following behaviors, the original match can sue Xiao San:
1, the crime of registered marriage of a spouse, registered marriage with others and bigamy, that is, the crime of marriage bigamy stipulated in the two laws.
2, registered marriage with the original match, but not registered cohabitation with others and bigamy for husband and wife, this is a de facto marriage after legal marriage.
3. No spouse, but knowing that the other party has a spouse and has registered marriage or cohabited as husband and wife and remarried.
Legal basis: Article 109 1 of the Civil Code of People's Republic of China (PRC) stipulates that in any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
Two, suspected of bigamy, you can report to the police station.
According to the provisions of the Criminal Law of People's Republic of China (PRC), bigamy refers to the act of marrying others with a spouse or knowing that others have a spouse. The so-called spouse means that a man has a wife and a woman has a husband.
Moreover, without legal procedures, the relationship between husband and wife still exists, and it is a person with a spouse; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse.
The so-called marriage knowing that others have a spouse means that although I have no spouse, I know that the other person has a spouse and marry him (including registered marriage or de facto marriage). This kind of behavior is an act of deliberately destroying other people's marriage.
The specific provisions of the Criminal Law stipulate that whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Therefore, for extramarital affairs, bigamy must be punished.
Even criminal detention is a criminal punishment. It is also against the criminal law to marry someone who knows that he has a spouse. However, it should also be noted that those who are willing to have extramarital affairs may also violate the criminal law and be punished.
Therefore, if you want to sue mistress, the success rate is high. First of all, you should collect good evidence and pay specific attention to whether the other party has violated the crime of bigamy in the Civil Code. If the other party has obtained a marriage certificate or has lived in the name of husband and wife, they can be prosecuted for bigamy.