Chapter 794: Final 5

Zhou Lingling dared to provoke the Minyue Provincial Team, but he didn't dare to provoke Luo Yu: "I said mine, what does it matter to others, and besides, the results of the championship and runner-up have not yet come out, I really thought that they could snatch the first place, and they were not afraid of being slapped in the face if they were so anxious." Luo Yu smiled: "Even if the runner-up wins us, what is there to slap in the face, it is also a record-breaking, I am still worried about how I will see Jiangdong's father when I go back." ”

Songjiang Mansion stopped in the top 8, and it was the first time that Songjiang Mansion had achieved such a poor result, and Zhou Lingling, a person who used unsightly means to squeeze into the team, was only afraid that he would be to blame.

After the game, the other three players in Songjiang Mansion changed their usual practice of taking Zhou Ling Ling as the head of the horse and entering and exiting together, even if they were far away from the seats today, anyone with a discerning eye could see that she was angry.

As a master of mobilizing emotions, Zhuo Lijun watched all this with satisfaction, glanced at the ratings again, and her smile became sweeter, no matter how loud the voice below was, it couldn't cover Zhuo Lijun's microphone voice: "Judges, audience, the on-the-spot introduction just now let everyone see the performance of several debaters on the spot, in such an emergency situation, each of them said very wonderful things This is their quality and their essence." Once again, we congratulate them. The championship and runner-up competition is about to begin, now please listen to the final final debate......"

The debate topic of the finals appeared on the screen with Zhuo Lijun's elegant voice in Chinese and English:

Ms. Qin and her husband Chen got married on October 20, 93, and lived together until May 2002, one day Chen disappeared, and there was still no whereabouts after many searches, Ms. Qin met Chen on the street during the Spring Festival in 2004, and what surprised him was that Chen was wearing women's clothes and makeup, Ms. Qin asked him who he ran with, but Chen smiled apologetically and said that Ms. Qin should not wait for him, saying that he had undergone sex reassignment surgery and was now married.

Only then did Ms. Qin learn that Chen had suffered from heterosexual disease since childhood, and after undergoing sex reassignment surgery, she re-applied for a certificate of female identity with the registration authority of her place of origin.

The positive view is that Chen's conduct constitutes the crime of bigamy, and the opposing view is that Chen's conduct does not constitute the crime of bigamy.

As soon as the question came out, there was a smile at the bottom, and some people showed obscene expressions.

In recent years, some of the real questions in the judicial examination seem to be unbelievable, which makes people admire the brains of lawyers, but they do not know that some legal events are more incredible than the real questions, such as the question in front of them, but it has really happened in reality.

The debate seems very simple, and the uninformed people also focus on the focus of gossip, but professionals know that this topic is not only a legal issue, but also involves social issues and psychological issues, and the intersection of differences between the two sides after the debate is very complicated.

Zhuo Lijun waited for everyone to discuss quietly before speaking, "Whether it constitutes the crime of bigamy, we will listen to the wonderful debate of the contestants on both sides, and I will invite the positive side to speak." ”

As soon as her words fell, the people in the audience immediately focused their attention on the topic of the debate, and the provisions of the crime of bigamy are familiar to everyone, even if they are not familiar with it: "Article 258 of the Criminal Law stipulates that [the crime of bigamy] A person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Most of the audience also understands what the crime of bigamy is all about.

As far as bigamy is not bigamy, the criteria for determining whether it is bigamy or not, as long as one of the two conditions is met, either the spouse remarries, or the other person marries the other person knowing that he or she has a spouse.

But when you think about the topic again, it is not so simple, same-sex marriage is not legal in China at present, then, the gender of the transgender person is determined according to his gender after the transgender according to customs, is his marriage with his ex-wife invalid or still valid, if it is still valid, the object of his remarriage is not a woman, but a man, is it bigamy?

Everyone is excited, this topic is out well, no matter which side is positive or negative, you can give full play to your strength.

Nie Yifeng spoke first: "...... According to the provisions of China's Marriage Law, there are three ways to dissolve the marriage relationship: one party dies naturally, that is, the marriage is declared dead and the marriage relationship is terminated naturally, the second is divorce by mutual agreement between the parties, and the third is divorce by the court.

Therefore, with regard to the dissolution of the marriage relationship, except in the case of the natural death of one of the spouses, that is, the declaration of death, the procedure not in accordance with the law cannot be naturally dissolved, and in this case, Chen has a legal spouse, and this spouse is Ms. Qin, with whom he has registered her marriage in accordance with the law and has lived together for nearly ten years.

Chen's act of becoming a woman is not equivalent to natural death, that is, a declaration of death, Chen's gender change did not change his legal status as a party to the marriage, and the rights and obligations granted to him by the law as a spouse at the time of the conclusion of the marriage still existed, and Chen's marriage to another person under the condition that the original legal marriage had not been dissolved should constitute the crime of bigamy in accordance with the law......"

Finally, Nie Yifeng ended with Montesquieu's famous quote: "What is freedom? Freedom is the right of people to do everything that the law allows, and people must not forget the boundaries of freedom when exercising the right to freedom!"

After the positive side finished speaking, Zhuo Lijun casually concluded: "The positive side used the last question, freedom has boundaries, and as a question, he ended his first round of speeches. I think our opponent also has his views on the issue of marriage. I now give the floor to the opposing side. ”

Shang Luoyu stood up: "...... The positive side's view seems to be reasonable, but in fact it does not make sense and has no basis in the law, and the opposing side believes that Chen's behavior cannot constitute the crime of bigamy for three reasons:

First, Chen does not meet the subject elements of the crime of bigamy, and China's law stipulates that the subject of the crime of bigamy must be a special subject, that is, a person with a spouse. In this case, after Chen obtained female status after sex reassignment surgery, he no longer had a spouse, but a single woman, and in this case, marrying someone else was a first marriage for Miss Chen, so Chen did not have the main conditions for the crime of bigamy;

Second, Chen did not violate the object of the crime of bigamy, the object of the crime of bigamy is the marriage system of monogamy in China, the so-called monogamy refers to the union of a man and a woman, which means that a marriage relationship cannot be formed between the same sex, and the relationship between Chen and Qin is no longer a monogamous relationship but a sister and a sister relationship after the sex change, and the two different gender attributes of the same person before and after have led to the change of Chen's main role in the marital relationship between the two before and after, but no matter how it changes, Chen has not violated the monogamous marriage system protected by China's law。

Third, Chen did not subjectively have the intention of bigamy, and Chen's sex change was entirely out of a patient's legitimate need to seek relief. Chen's gender has changed after the operation, he can no longer be a husband, but he has the right and ability to be a wife, in this case, Chen's gender has changed, resulting in a change in his marital relationship, and it is not Chen's deliberate pursuit of polygamy, polyandry illegal purpose.