Second, the opponent's defense friend had a wrong understanding of how to dissolve the marriage relationship, and it is true that the loss of the substantive elements of the marriage cannot be dissolved by the natural dissolution of the marriage relationship as if it were widowed, and Chen's gender change cannot change his legal status as a party to the marriage, and the rights and obligations conferred on him by the law still exist at the time the marriage is concluded. The third is that the opposing party's defense friend one-sidedly exaggerated the power and characteristics of sex reassignment, and Chen did not obtain his wife's consent or inform his wife about such a major matter that affects the survival of the family such as sex reassignment surgery, which seriously violated the duty of loyalty between wives, which is a great violation of spousal rights.

Changing sex at the same time and then getting married and not marrying is irresponsible for the original marital relationship, so that you have the status of spouse in two marriages at the same time, which undermines the marriage and family system protected by the law of our country.

It is true that a person has the right to choose his own gender, this is his freedom, we have no right to interfere, it is better to be a man or a woman, it has been difficult to judge for thousands of years, I believe that everyone who has sex reassignment surgery will have their own good reasons, but the renunciation of gender roles is never because of the abandonment of social responsibility, and does not mean that legal obligations are exempted.

The road of the legal system is full of thorns, and the road of the legal system walks with me. We have no intention of laughing, we have the heart to listen, but we cannot forgive Chen's bigamy and the law cannot tolerate it. ”

I have to say that Tang Zhan's speech was very incisive and summarized in place, as soon as he finished speaking, everyone turned their eyes to Zhou Liufang, who was pronounced a little rustic, and the opposing four debaters didn't know if they could take on this important task.

Zhou Liuyan was stunned for a moment, everyone quieted down, and he quickly stood up, and his voice was still a little floating when he just spoke: " Moderator: Hello judges, a fierce debate has allowed us to have an in-depth understanding of the family of transgender people, and this emerging group of people has also triggered our deep thinking because of its novel and unique social problems, and the prosecution insists that Chen's behavior constitutes the crime of bigamy, the reason is nothing more than that although Chen has undergone sex reassignment surgery, his original marital relationship has not died, and on this basis, marriage violates the provisions of the criminal law and constitutes the crime of bigamy.

This view seems reasonable, but in fact it cannot withstand scrutiny, one of the husband and wife has undergone sex reassignment surgery, then the two have become same-sex marriages, how to deal with the marriage relationship, this is still a blank in China's law, and it has also become the focus of our debate today.

China's marriage law stipulates that the marriage must be a husband and wife of different genders, and same-sex marriage is prohibited, so the gender of the party in this case, Chen, has changed since the sex reassignment surgery, and the other party has become the same sex, and the marriage has lost its substantive elements and must be dissolved, but how to dissolve it? This is the key issue.

Since the Marriage Law already stipulates that the divorce proceedings must be between a man and a woman, two persons of the same sex cannot go to the court to file a divorce lawsuit, and because one of the parties does not take the initiative to file for divorce for some reason, the marriage will be illegal and uncertain, so the defense insists that since Chen became a woman and received a female ID card, the marriage relationship between the two naturally died.

Moreover, in this case, he was a heterosexual patient, in order to cure his illness and remarry, where did he have the subjective intention of bigamy, Chen's original marriage had died out naturally, how could he objectively have bigamy, Chen had a wife before his sex change, and a husband after his sex change, so how could he destroy China's monogamy system? Therefore, Chen X did not constitute the crime of bigamy.

Of course, Chen's inability to properly handle family relations was improper, and his irresponsible behavior also caused great physical and mental harm to Ms. Qin, and he was at fault for the demise of the marital relationship, and should be given appropriate civil compensation, but should never be subject to criminal punishment.

In the collision of traditional concepts and traditional moral concepts, our society has become more and more tolerant and pluralistic, and more and more Chinese people have begun to understand and tolerate transgender people, and we, legal workers from all walks of life, should have the responsibility and obligation to study and explore the phenomenon of transgender people, and further use the law to improve and regulate him, which is not only a blessing for patients, but also will contribute to our human beings. Thank you. ”

It can be said that Zhou Liufang's speech this time was more wonderful than any of his previous performances, even Shang Luoyu gave him a thumbs up, Zhou Liufang pursed his lips and grinned, after Shang Luoyu's devilish training for so long, if he couldn't say that, he would be a donkey.

Speaking of which, his perception is also very complicated, when he joined the team, his goal was to replace Huang Yixi and become an official team member, so he has always taken this as his goal, taking a suppressive attitude towards Huang Yixi, and not trusting Shang Luoyu, he always feels that his approach is too fake, and many of his practices are yang and yin, one ear in and one ear out.

Even after the exam, he and Huang Yixi were both confirmed as official team members, and he didn't fully trust Shang Luoyu, let alone the potential threat Huang Yixi, you must know that there are two substitutes next to him, you must know which two women are not good people, how can he settle down.

But now he realized that before he knew it, he had come here, a task that he himself thought was impossible.

It was only now that he discovered how rare it was to work side by side with Shang Luoyu and his wife and Kang Mingyang in the past three months, so that he could transform as a lawyer who taught himself law.

While Zhuo Lijun was waiting for the statistical results, she looked at the dejected positive team, and felt a pity in her heart, Wen Zhixia, the queen of the invincible aura, did not have the arrogant attitude in the past, and her heart was dark and awe-inspiring.

She has been a host for many years, and she has seen a lot of such things, fortunately, although she wanted to help secretly just now, there was not much room for play, but at this time, she could hand over her precious time to Huang Yixi, if Huang Yixi played abnormally, then she could be regarded as avenging Wen Zhixia on the spot, if Huang Yixi continued to shoot, it can only be said that people have real skills, as for whether she can grasp it, it depends on herself.

"In this gap of waiting, I would like to ask the second defense friend of the opposing side, putting aside the hypothesis of the debate, if this situation is encountered in reality, how do you think it should be handled? Please tell everyone clearly, if Chen and Qin do not take the initiative to file for divorce, how will their marriage be dissolved?"