N legal tips couples should read before dating
Whether it is a young couple who is about to get married or a single young man who has been waiting for a long time, you can earn a lot of money!”Domineering president type” courtship needs to be careful to force the person you like to the wall or bed, with the hand supporting the wall or bed surface ring each other, issued the sound of “dong”, so that the other party in a state of nowhere to escape…In the Mary Sue film and Television series, the various “dong” courtship of the domineering president usually results in love.But if you want to learn from this “confession tips,” I urge you to be careful.Had it not been for thy love, thy burning love might have been a crime!According to paragraph 1 of Article 236 of the Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Paragraph 1 of Article 237 stipulates that whoever forcibly molests another person or humiliates a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.Paragraph 1 of Article 238 provides that whoever unlawfully detains another person or unlawfully deprives him of his personal freedom by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.In the courting process, suppress the other party and firmly refuse to let her go out if she does not agree, that is, restrict the personal freedom of the other party by detention or other compulsory methods, which may constitute the crime of illegal detention according to the seriousness of the case;An act of cuddling or further displays of affection against the will of the other person may constitute forcible indecency or rape.As the saying goes, strong twist melon is not sweet, “domineering president” can not be learned at will.Keeping a loving distance with a minor under the age of 14 is not strong, but you can always express your love freely, right?NO!Fall in love with a young girl who is less than 14 years old “cross the red line”, or through luring, cheating and other ways to achieve “you love me”, to the children who is less than 14 years old to implement “intimate” behavior, this, also no!Juveniles under the age of 14 are not mature physically and mentally, intellectually and other aspects, and lack of sexual awareness. Once they are sexually assaulted, the consequences will be serious.In order to protect their physical and mental health, all countries in the world generally give them special protection, and China is no exception.The second paragraph of Article 236 of the Criminal Law stipulates that anyone who has sex with a girl under the age of 14 shall be charged with rape and given a heavier punishment.Paragraph 3 of Article 237 provides that whoever molests a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.If you know or should know that the other party is less than 14 years old, if you have sexual relations with a girl under the age of 14, no matter whether it is forced by violence, coercion or other methods, it will be considered as rape, and be given a heavier punishment according to the relevant provisions of the crime of rape;As long as the child is beyond the bounds of “care”, committing indecent acts, whether male or female, whether voluntary or not, may constitute the crime of child molestation and be punished severely according to the relevant provisions of the crime of indecency.When you cross the 14 – year – old threshold for intimacy, it hurts both yourself and others.Bigamy, destruction of military marriage to make courtship success, to get married together this barrier, there are still pits.In the TV series “thirty only”, liang Zhengxian, who flaunt the doctrine of not getting married, put forward a solution for wang Manni and his Girlfriend in Hong Kong “one north, one south, and mutual non-interference”, which was condemned by the morality outside the play.If you mess with a married person, or try to cross the line, you may pay for more than a broken relationship or moral condemnation.Article 258 of the Criminal Law stipulates that whoever commits bigamy while having a spouse, or knowingly marries another person who has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.Paragraph 1 of Article 259 stipulates that whoever cohabitates or marries a serviceman knowingly as his spouse shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.If a married person marries another person during the period of marriage, and he/she knows that the other person has a spouse, he/she still registers his/her marriage through fraudulent legal procedures or lives together in the name of husband and wife although he/she has not registered his/her marriage, he/she is suspected of bigamy.Those who knowingly live with a wife or husband of a military serviceman in the name of husband and wife, or live together for a long period of time, or get married by cheating lawful formalities, while they are still in a lawful marriage relationship with the serviceman, are suspected of the crime of sabotaging military marriage.Crossing the line of exclusivity in love, even in both directions, can be a prison sentence.Love to destroy?Extreme “turn over” is absolutely not advisable in love life, there will inevitably be all kinds of bumps in the relationship for a long time, hand in hand or separation is a choice, but in the dispute to take extreme measures is not advisable.The “wife killing” event in the society makes the public sigh, from caring to taking a butcher knife, a family so plunged into darkness.When you quarrel red eye, when you are lost in money eye, when you want to break away but can not, please calm again calm, do not pain under the killer.Article 232 of the Criminal Law stipulates that whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Article 234 provides that whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;Whoever causes death to another person or seriously injures another person with serious disability by especially cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.Where this Law provides otherwise, such provisions shall prevail.The act of intentionally and illegally depriving and infringing on the life of others is a crime that infringes on the personal rights of citizens, which is regulated by criminal law of course.Life is priceless, contradictions should be resolved in the right way, do not simply use extreme means “turn over”.There are two enduring jokes circulating on the Internet: A male lawyer advises male students not to send money transfers with special meanings such as 520, 1314 or 9999 to their date, or they will not get it back after breaking up with them.The message should be 1,000 or 500, with the caption “Here is the money you asked for”, while the female lawyer advised girls to “reply ‘Thank you dear for the holiday red envelope, I love you too’ after receiving the transfer”.It is a battle of wits, love each other to kill.In other words, the red envelopes and gifts given on Valentine’s Day really need to be asked. It is important to distinguish between ordinary gifts, conditional gifts and private loans.Law link “civil code” 657 regulation, donative contract is donative person gives his property free to receive a person, receive a person to express the contract that accepts donative.Article 658 of the Civil Code stipulates that the donor may revoke the gift prior to the transfer of rights to the gift property.This provision does not apply to the notarized gift contract or the gift contract with the nature of public welfare or moral obligation such as disaster relief, poverty alleviation and assisting the disabled that cannot be revoked according to law.Warm reminder On special days, one party intends to please the other party, promote affection and express his/her mind by shopping, paying wechat red envelopes and traveling expenses, which are generally regarded as general gifts. The claim of return after breaking up may not be supported by the court.Therefore, whether sending ordinary red envelopes or red envelopes with special meanings, when breaking up, you need to have ious, IOUS, chat records, transfer vouchers and other evidence to prove the loan agreement and the actual payment.But if the gift is a large amount of property, especially in a short time, a lot of the gift property, beyond the daily consumption content between lovers, if two people expressly agreed upon the gift is concluded for the purpose of marriage, so large amount of the gift property is usually identified as conditional gift, if the two sides eventually break up, failed to get married, cannot achieve the purpose of the gift property, can according to the Supreme People’s Court & lt;Civil Code of the People’s Republic of China & GT; Marriage and Family Judicial Interpretation (I), article 5 of the request for return.It is worth noting that the above judicial interpretation does not limit the gender of the payer. Even if the woman donates the man’s property, she can clearly say that “the gift is conditional on marriage”, so as to protect her property rights to the maximum extent.If during the love period, the passion did not do safety measures, the woman accidentally pregnant and gave birth to a child, and the two parties are not married, then how to raise the child out of wedlock?Legally speaking, children born during love belong to illegitimate children, and illegitimate children have the same legal status, both parents have the obligation to bring up the child.However, if the woman is unable to provide the man’s information, there will be obstacles in filing the case, and if the man refuses to show up in court, it will be difficult to collect the maintenance fee.Article 1071 of the Civil Code of the People’s Republic of China stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them.The natural father or the natural mother who does not directly rear a child born out of wedlock shall bear the maintenance fees for the minor child or the adult child who cannot live independently.According to article 49 of the Supreme People’s Court’s Interpretation on the Application of the Civil Code of the People’s Republic of China on Marriage and Family (I), the amount of maintenance fee can be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the local area.If there is a fixed income, the maintenance fee can generally be paid in proportion to 20 to 30 per cent of his gross monthly income.Those who pay the maintenance for two or more children may increase the proportion appropriately, but generally it shall not exceed 50 percent of the total monthly income.If there is no fixed income, the amount of maintenance fee may be determined on the basis of the total income of the year or the average income of the same industry with reference to the above proportion.Under special circumstances, the proportion mentioned above may be appropriately raised or lowered.The basic distribution principle of burden of proof in China is “the one who claims to provide proof”. The woman must provide evidence to prove the existence of paternity relationship between the child and the man, so that the claim for maintenance fee can be based on facts.If the father’s information is not registered in the birth certificate or household register, the court cannot force the father to take a paternity test with the child if the father goes missing and fails to appear in court or refuses to agree to a paternity test in court, and the claim for alimony may lose.Special reminder, love must be a little more rational, less impulsive, to avoid bad people, have to pay for the passion of the moment, pay the “price of impulse”.Statement: reprint this article is for the purpose of passing more information, conducive to the popularization of law.If any source is wrong or infringes your legitimate rights and interests, please contact Qinghai Law Popularization with proof of ownership, we will correct and delete it in time, thank you.