Chen Yao's husband also had a marriage before marrying her, and also gave birth to a son Gao Cong, after the birth of the son, it was also because of well-known reasons, the relationship between the husband and wife was divorced, and the child lived with his ex-wife, the two were in different camps, and they did not meet again, but the child would come back to meet regularly for living expenses. More than 20 years ago, his ex-wife passed away, but at that time, the eldest son was married and had children, and he did not come back to live with them.

"We divorced at that time, not only one couple, but several couples, all of which were presided over by the village chief and a few respected old men, and also wrote an agreement, my ex-husband also remarried, why is he not guilty of bigamy, I am guilty of bigamy?" Chen Yao couldn't figure it out.

Huang Yixi can answer this point immediately: "The crime of bigamy is not only a private prosecution case, but also can be converted into a public prosecution case, and when the victim does not tell the other citizens to complain to the procuratorate, it will be turned into a public prosecution case, and this other citizen includes the people, social organizations or relevant departments to file an accusation." ”

Gao Cong is the son of Chen Yao's husband, and he does have the right to file a complaint.

"You say, how bad people are now, I married his father, he has always known, more than forty years, when his father was there, he didn't dare to say that our marriage was invalid, and he followed the call mother, I was not bad to him, gave him money to build a house and marry a wife, but as soon as his father died, he said that our marriage was invalid......"

According to Chen Yao's account, when Gao Cong got married, they borrowed money for Gao Cong to marry his wife to build a house, and made it clear to him that after the money was given, it would be equivalent to splitting the family, and Gao Cong would not have to bear the pension of the two old people, and he also agreed at that time.

Unexpectedly, when the old man passed away, he would turn his face.

"He was premeditated, he inquired about everything clearly, the old man had just been buried, and the first seven days had not passed, so he made a fuss......"

Chen Yao couldn't believe it until now, and when she talked about it, she had a handful of snot and tears, and her grandson embarrassedly stuffed a handful of tissues for her, but she didn't wipe it, she wiped her nose directly with her hand and wiped it on the leg of the chair.

Everyone pretended not to see this scene, although Huang Yixi sympathized with her, he could also understand Gao Cong's approach, after all, this was Chen Yao's one-sided statement, Gao Cong had the right to make this appeal.

In life, except for the husband and wife and a third party who has a marital relationship with one of the husband and wife, the proportion of cases in which other citizens sue for the crime of bigamy in private prosecution is not uncommon. In terms of interests, if Chen Yao is found by the court to be guilty of bigamy, the marriage relationship between her and her husband is invalid, and according to the relevant laws, the income or property of one party after cohabitation should in principle belong to that party. Then she would not be able to divide her husband's pre-marital property and its earnings as a spouse, and she would also be excluded as the first-order heir.

As for the contradiction, the friction between his ex-wife's son and stepmother for a long time is more likely, not to mention, Gao Cong has always believed that the reason why his father doesn't want his mother is because his father has Chen Yao in his heart.

Even if it is not because of the direct relationship between interests or contradictions, there are also cases where others sue others for bigamy, Huang Yixi and his lawyer's colleague once encountered a case of bigamy, and the accuser was a relative of his current wife, and he had a conflict with his current wife's mother's family.

"How much of the inheritance in your husband's name is premarital property?" Shang Luoyu didn't care about Chen Yao's emotions like Huang Yixi, and asked directly.

Looking at the old woman's appearance, there are two points entangled, one is the division and inheritance of property, and the other is the identity of her and her children, and the problem of the children changing from legitimate to illegitimate children.

But in the eyes of the lawyer, Gao Cong did not embarrass Chen Yao when his father was alive, which shows that he doesn't care about the identity of her and her younger brother at all, and the focus of the conflict is still on the division of the estate.

Chen Yao's husband's family has two ancestral houses, with an area of more than 2,800 square meters, and was demolished a few years ago, compensated for 6 storefronts and 12 houses, and they lived together for more than 40 years, Chen Yao's husband also earned a lot of money.

If Chen Yao's marriage is valid, then she and her children can get five-sixths of the share of property and inheritance, Gao Cong can only get one-sixth, that is, 1 storefront and 2 houses, if her marriage is found to be invalid, then Gao Cong can get half of the ancestral house's property, that is, 3 storefronts and 6 houses.

As for the property they earned during their husband and wife, Gao Cong could also get one-twelfth more property than before.

That's not a small number.

After seeing the evidence of Chen Yao's previous marriage registration, the judge of the first instance ruled that Chen Yao's marriage was invalid as Gao Cong wished. Chen Yao appealed, and the original judgment was upheld in the second instance.

Huang Yixi and Shang Luoyu glanced at each other, from the judge's point of view, Chen Yao's first marriage has not been dissolved through legal procedures, and marrying someone else is indeed a bigamy fact, from this point of view, the judge's judgment is correct.

However, the subjective definition of the crime of bigamy is intentional, and the objective aspect is that the perpetrator must have the act of bigamy. That is, only when a person who has a spouse marries another person can it be found to be the crime of bigamy.

Chen Yao subjectively believed that she believed that her marriage relationship with her ex-husband had been dissolved, and when she registered her marriage with her current husband, she truthfully stated her marital status, and the marriage registration authority also gave the two of them a marriage certificate after review, and the people around her, including the public authority, also determined that her marriage was valid for a long time, and it was obvious that Chen Yao did not meet the subjective elements of the crime of bigamy. Accordingly, Chen Yao did not constitute the crime of bigamy.

Of course, the above is just Shang Luoyu and Huang Yixi's personal opinions.

"I knew I was right to come to you. Chen Yao's eyes were red, and she held Huang Yixi's hand vigorously, for such a long time, everyone told her that she was wrong, and only from Huang Yixi did she hear the answer she wanted to hear.

"In this case, I will first write you an application for a retrial, and then write a petition, and submit it to the court and the procuratorate when you go back, and at the same time, you will also collect some more evidence that can prove that you are not guilty of bigamy. ”

Shang Luoyu looked at Huang Yixi's pinched red hand distressedly, and quietly returned the information handed over by Chen Yao to her, pointing out the evidence that they needed to collect.

Although Chen Yao's mediation divorce agreement was lost, and although her ex-husband and the parties who participated in the divorce mediation have all passed away, her descendants are still there, and there are many people who know about this matter.

Shang Luoyu's words seemed to give Chen Yao a dose of reassuring medicine, since the marriage was ruled invalid, she had insomnia all night long, and it was difficult to eat and sleep, in addition to the lack of property, her children and grandchildren were recognized as illegitimate offspring, and after she died, she was afraid that she would not be able to be buried in the same cave with her current husband It was also one of her heart problems.