Le Changsheng saw that his daughter-in-law was hiding and disappeared, and he already understood in his heart that he couldn't live his life, so he could only divorce. But he couldn't see how to go to the Civil Affairs Bureau for a divorce, so Le Changsheng filed a lawsuit with the court, asking for a divorce and division of property.

Yu Yijing found Ma Yi to help her fight the divorce lawsuit. But in the process of the lawsuit, Yu Yijing always concealed the fact that Le Changsheng had been declared dead and that she had obtained a marriage certificate two days ago.

Subsequently, the court sentenced the parties to divorce on the grounds of the breakdown of the relationship between the husband and wife and divided the joint property of the husband and wife.

Yu Yijing felt that the property was small and she had suffered a loss, so she was dissatisfied with the first-instance judgment and appealed, and disclosed in the lawsuit that Le Changsheng had been declared dead and that she and the third party had received a marriage certificate to get married.

Knowing that he was declared dead, Le Changsheng naturally did not do anything, so he applied to the court to revoke the judgment of declaring death. Soon after, the court reversed the death sentence on application.

Subsequently, Le Changsheng's lawyer applied to the Intermediate People's Court on his behalf, requesting that the divorce judgment made by the court of first instance be revoked, and after trial, the Intermediate People's Court revoked the divorce judgment made by the previous court of first instance.

At this time, Le Changsheng was hateful, and after consulting a lawyer, he filed a criminal private prosecution with the court on the grounds that Yu Yijing committed the crime of bigamy.

"Hey! Otherwise, civil cases are an area with a high incidence of false lawsuits, and it is impossible for the court and lawyers to know what the parties want to hide.

If the lawyer, as a senior counselor, gives the client an idea and specializes in false litigation. Courts are harder to find. Ma Yi sighed.

"There are criminal cases, but it's better." Fang Yi replied.

"Well, a false lawsuit in a civil case is just a matter of infringement of interests, while a false lawsuit in a criminal case is human life! Therefore, if there is no accident in a criminal case, it will definitely be a major event. Ma Yidao.

"Now the defendant Yu Yijing is at home or is she being held in the detention center?" Fang Yi diverted the topic and asked.

"Yu Yijing has just given birth to a child for three months and is now breastfeeding, so she did not enter the detention center. I got her a template, and then her parents applied for bail for her. Ma Yi replied.

"Wow! You want to develop in the direction of criminal proceedings! Fang Yi teased.

"That's right! I received money from others, and the client went in before the second trial, how can I provide the next service, I ask your team's lawyer Zhou to help write the bail application. Hehe......" Ma Yi smiled shamelessly.

"Okay, the lawyers of our team are working, you collect money, you can't do this authentically!" Fang Yi gave him a blank look.

"I didn't ask Zhou Ying to help in vain, and I gave a red envelope." Ma Yi retorted.

"Well, the referral fee is gone." Fang Yi said with a cold face.

"Don't! Brother, it's not easy for me to make some money, you have to give some money. Ma Yi said with a dead face, and almost dragged Fang Yi's arm to be coquettish.

"Gotcha! Give you half. You are less tired and crooked, I can warn you, don't use all the tricks to deal with the old ladies on me, it's not good. Fang Yi glared.

"Well, 10 percent is fine. How much are you going to negotiate for legal fees? Ma Yi asked.

"What do you mean?" Fang Yi asked rhetorically.

"I mean, I'll help you negotiate the lawyer's fees, you just need to connect me with a lawyer, it's not a complicated case anyway. Otherwise, let Lawyer Zhou handle this case. Ma Yi stared at Fang Yi with good eyes, waiting for him to make a statement.

"Well, it's up to you." Fang Yi nodded.

"Okay, you tell Zhou Ying, I'll go and make an appointment with the party." After speaking, Ma Yi raised his ass and left.

"Don't sit back any longer?" Fang Yile asked.

"Don't sit down, it's important to make money." Ma Yi smiled and walked out of the office quickly.

Although Ma Yi doesn't look at it, he is still very professional in divorce proceedings, otherwise Wan Kefa would not let him pull the team.

Ma Yi has a very close relationship with Fang Yi and Huang Yuanchao, although sometimes they don't meet once a month, but there is still a tacit understanding between each other, just take this case as an example, in fact, he can also do it with Lawyer Song, but he recognizes Fang Yi, and the introduction fee is not a matter at all, this is friendship.

On Friday afternoon, Zhou Ying took a notebook and wrote something on the whiteboard in Fang Yi's office, the office door opened, and Du Yong, Meng Guangda and other team members walked in one after another.

Usually everyone is busy, and the court rarely arranges a hearing on Friday afternoon, so Fang Yi will call the team members to come to the office and let everyone talk about the legal problems they have encountered recently and the new regulations they have discovered. Let's learn and improve together.

"Lawyer Fang, what case are we talking about today?" Meng Guangda sat at the innermost end of the sofa and asked after making room for the others.

"Not long ago, Lawyer Zhou took on a case of bigamy, and this case is quite representative, so let's discuss it today, and it can be regarded as giving some suggestions to Lawyer Zhou and broadening his thinking." Fang Yi put down the teacup and said with a smile.

After Fang Yi finished speaking, everyone looked at the whiteboard in front of Zhou Ying, and the key points of the entire case were written out on the whiteboard at the time node, so that everyone could see it at a glance.

"Zhou Ying, you introduce the case to everyone, and then tell everyone your questions." Fang Yi said to Zhou Ying.

Zhou Ying agreed, put away the pen, looked at everyone, and introduced Yu Yijing's bigamy case.

"I have discussed this case with Lawyer Du before, and now the key point is whether the defendant Yu Yijing's behavior constitutes the crime of bigamy?

I do not consider it to be a crime of bigamy on the grounds that:

According to Article 37 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) (repealed in January 2021, subject to the Civil Code), the marital relationship between a person who has been declared dead and his or her spouse shall be extinguished from the date of the declaration of death.

If the declaration of death is revoked by the people's court, if the spouse has not remarried, the relationship between the husband and wife shall be restored on its own from the date on which the declaration of death is revoked; If the spouse remarries and then divorces, or if the spouse dies after remarriage, the relationship between husband and wife shall not be deemed to have been restored on its own.

In this case, after Le Changsheng was declared dead, Yu Yijing's marriage relationship with him was terminated. Before the death judgment was revoked, Yu Yijing had the right to register her marriage with another person. Therefore, defendant Yu Yijing's conduct did not constitute the crime of bigamy. This is my opinion, which can be regarded as a brick throw. Zhou Ying said with a smile.

"My opinion is contrary to that of Mr. Zhou." After Du Yong finished speaking, he expressed his opinion: "Yu Yijing deliberately concealed the truth that her husband was still in contact after going abroad to work, and maliciously applied to the court to declare Le Changsheng dead, which is a fraud in civil law.

According to the provisions of the General Principles of the Civil Law, malicious fraud is an invalid civil act, and the legal relationship confirmed through fraud is invalid and void ab initio.

Therefore, Yu Yijing obtained the court's confirmation of the dissolution of her marriage with Le Changsheng through fraud, and her marriage relationship with Le Changsheng still exists. In this case, Yu Yijing's act of marrying another person constitutes the crime of bigamy. ”

(End of chapter)