"Old Meng, what do you think?" Fang Yi looked at Meng Guangda.

Meng Guangda pondered: "I agree with Du Yong's opinion. ”

"Well, old Meng, give you ten minutes to think about the reason.

Don't be restrained, let's take advantage of this to get a water cup, let's talk about the case in the form of a tea party, don't be too restrained. If you're thirsty, there's a water dispenser over there, so don't make it look like you're having a meeting.

Yun Qiao, take out the snacks, it's three o'clock, let's have some afternoon tea. Fang Yi clapped his hands twice and said with a smile.

Yun Qiao's movements were very quick, and he took out a box of snacks from the cabinet in the office, including small bread and ham sausages, all of which Fang Yi had asked Yun Qiao to purchase before. Every time he finishes eating, Yun Qiao will automatically restock.

Everyone got busy, and ten minutes later, the office was filled with the sound of tearing packages and eating snacks.

"Da Ge, don't always worry about eating, it's time for you to speak." Du Yong urged while eating the small twist flower.

Meng Guangda was about to swallow the biscuit in his mouth to speak, and he didn't know if the biscuit was too dry, or he was urged by Du Yong to be anxious, he was suddenly choked, stared at him, Yu Wendong next to him hurriedly handed over the water cup, Lao Meng hurriedly poured a few big mouthfuls, and his breathing was comfortable.

"Da Ge, you have to take it easy, or let others speak first!" Du Yong said with a smile.

When everyone saw Meng Guangda like this, they also laughed.

Meng Guangda hurriedly waved his hand, and said with embarrassment: "Don't get in the way!" Out of the way. I'm hungry and I'm in a bit of a hurry......

My reason is very simple, the defendant deliberately concealed the truth and maliciously applied to the court for a declaration of the death of his spouse, and his act was fraudulent, so the marriage relationship between the two of them should not be extinguished, but should still exist. Specifically......

As soon as everyone heard the words "specifically", they knew that Meng Guangda's old problem had been committed again, and he was about to start knocking on the blackboard to lecture, but everyone didn't interrupt him, and Meng Guangda's class was sometimes very nutritious.

“…… Specifically, civil law only protects lawful civil legal relations and civil acts in good faith, and requires that the actor must not infringe upon the lawful rights and interests of others and the public interest when carrying out the act.

The civil law does not protect those acts that maliciously infringe on others or public interests, as well as acts that are not very harmful to society, and not only that, but also stipulate corresponding sanctions or remedial measures, and will require the tortfeasor to bear the corresponding civil liability.

According to the relevant provisions of the General Principles of the Civil Law (which has become invalid after the implementation of the Civil Code), malicious fraud shall be invalid, and the legal relationship confirmed by fraud shall also be invalid and void ab initio.

Therefore, 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) mentioned by Mr. Zhou should only be aimed at lawful civil acts, in other words, only for acts in good faith. It should not be applied to fraudulent acts committed in bad faith.

In this case, the defendant Yu Yijing deliberately concealed the fact that there was a connection between her husband Le Changsheng and the fact that Le Changsheng remitted money.

Falsely claiming that Le Changsheng's whereabouts have been unknown for four years, maliciously applying to the court to declare Le Changsheng dead, is a serious violation of the law, and it is an invalid civil act, and the legal relationship between Le Changsheng and Le Changsheng that caused the termination of his marital relationship due to the declaration of death should also be invalid from the beginning.

To sum up, the marriage relationship between Yu Yijing and Le Changsheng was not essentially extinguished because Le Changsheng was declared dead and invalid. ”

"Lawyer Fang, what do you think?" Zhou Ying looked at Fang Yi with a little feeling of looking for the Iron Alliance.

It's just that she forgot that the iron alliance in society is maintained by interests, but the iron alliance within the team is not based on interests, but according to law and reason.

"I agree with Lao Meng." Fang Yi replied.

"Well, I'm alone." Zhou Ying is like a deflated ball.

"Sister Zhou, don't be discouraged, although I also think what you said is not very tenable, but spiritually I support you. As long as you take care of my lunch next week, you can say whatever you want. Yun Qiao said with a smile.

"Get out! You're taking advantage of the fire, you know? Zhou Ying was half-true and half-false, and said angrily.

"Alright then, my only ally has also withdrawn, and I will break the alliance with you for five minutes." Yun Qiao was not angry either.

The two of them quarreled and made everyone laugh.

"Okay, I'll tell you my reasons." Fang Yi took a sip of tea: "I think that the defendant Yu Yijing meets the constitutive elements of the crime of bigamy.

First of all, when Yu Yijing applied for a declaration of Le Changsheng's death, she subjectively knew the fact that Le Changsheng had been in contact with him for many years and was not missing, but she falsely claimed that Le Changsheng's whereabouts had been unknown for four years after leaving the country, and applied to the court to declare Le Changsheng dead, which led to the court making a judgment that the defendant Yu Yijing had obtained a false 'fictitious widow' identity.

Secondly, after Le Changsheng was repatriated, he sued the court for divorce, and the defendant Yu Yijing participated in the divorce proceedings as Le Changsheng's wife, which fully proves that Yu Yijing was aware that she was not "widowed" but "married".

Therefore, the nature of the defendant Yu Yijing's act of deceiving the court into declaring Le Changsheng dead by fraudulent means, and marrying another person after obtaining the status of 'fictitious widow' as prescribed by law, and the nature of her act of making false formalities by deception with a person who already has a spouse, pretending to be unmarried or divorced, and marrying another person is the same, all of which are bigamy.

Judging from the whole case, the false formalities obtained by the defendant Yu Yijing in this case were a judgment made by the people's court declaring death, which was a special means of expression of bigamy.

To sum up, the defendant in this case, Yu Yijing, first concealed the truth and maliciously applied to the court to declare Le Changsheng dead. Later, during the divorce, he continued to deceive the court, concealing the fact that the private prosecutor Le Changsheng had been declared dead by the court, and married someone else during this period.

Yu Yijing's remarriage has seriously violated Le Changsheng's legitimate rights and interests and the monogamous marriage system protected by China's laws, not only that, but she has also seriously disrupted the judicial order, and the circumstances are serious, obviously no longer an ordinary civil violation, meeting the constitutive elements of the crime of bigamy, and has constituted the crime of bigamy. ”

"Well, it looks like I'm going to have to adjust my defense." After listening to the audience, Zhou Ying muttered.

If a lawyer opposes her defense plan, it may be that everyone has a different understanding of the case and the law, but so many lawyers in the team oppose her opinions, and Zhou Ying has to reconsider the direction of the defense.

"We're just offering different opinions, and it's up to you how to decide on a defense plan. Let's not make a fuss. Fang Yi said with a smile.

What the professional team is most afraid of is to engage in a word, which will frustrate everyone's enthusiasm, and you have the final say, then we will also consider a fart problem. Just play it yourself.

(End of chapter)