Lawyer's character

When Le Changsheng saw that his daughter-in-law was hiding from her, he knew in his heart that he couldn't get through life anymore and had no choice but to divorce. But he couldn't find anyone to go to the Civil Affairs Bureau to apply for divorce, so Le Changsheng filed a lawsuit with the court, asking for a divorce and division of property.

Only then did Yu Yijing find Ma Yi to help her with the divorce lawsuit. However, during the lawsuit, Yu Yijing always concealed the fact that Le Changsheng had been declared dead and that she had obtained a marriage license two days ago.

Afterwards, the court sentenced both parties to divorce on the grounds that the couple's relationship had broken down and divided the couple's common property.

Yu Yijing felt that she had suffered a loss because of the small portion of her property. She refused to accept the first-instance judgment and filed an appeal. In the lawsuit, she disclosed the fact that Le Changsheng had been declared dead and that she and a third party had obtained a marriage certificate.

After learning that he had been declared dead, Le Changsheng naturally refused, so he applied to the court to revoke the death sentence. Soon the court revoked the death verdict upon application.

Later, Le Changsheng's lawyer applied to the Intermediate People's Court on his behalf to revoke the divorce judgment made by the first-instance court. After hearing, the Intermediate People's Court revoked the previous divorce judgment made by the first-instance court.

At this time, Le Changsheng was filled with hatred. After consulting a lawyer, he filed a criminal private prosecution with the court on the grounds that Yu Yijing had committed bigamy.

"Hey! Otherwise, civil cases are an area where false litigation is prone to occur. If the parties want to hide something, it is impossible for the court and lawyers to know.

If a lawyer serves as a senior advisor and advises the client, he specializes in false litigation. Courts are harder to spot. "Ma Yi sighed.

"There are also cases in criminal cases, but they are relatively better." Fang Yi replied.

"Well, false lawsuits in civil cases are just infringements of interests, but false lawsuits in criminal cases are life-threatening! So if nothing goes wrong in a criminal case, it will definitely be a big deal." Ma Yidao.

"Is the defendant Yu Yijing at home now or in the detention center?" Fang Yicha asked, changing the topic.

"Yu Yijing just gave birth to her baby three months ago and is currently breastfeeding, so she didn't go to the detention center. I made a template for her, and then her parents helped her apply for bail," Ma Yi replied.

"Hey! You are trying to develop into criminal proceedings!" Fang Yi joked.

"That's it! I took money from them, and the client went in before the second trial was over. I have to provide services anyway. I asked lawyer Zhou from your team to help write the bail application. Hehe..." Ma Yi said shamelessly smiled.

"Okay, our team's lawyers work and you collect money. You are not doing this in an honest way!" Fang Yi rolled his eyes at him.

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

"Okay, the introduction fee is gone." Fang Yi said with a cold face.

"Don't! It's not easy for me to make some money, brother. You have to give me some." Ma Yi said shamelessly, almost pulling Fang Yi's arm to act coquettishly.

"Yes! I'll give you half. You're so naughty, I'm warning you, don't use all the tricks you use against old ladies on me. It won't work." Fang Yi glared.

"Okay, ten percent is fine. How much are you prepared to negotiate for the lawyer's fees?" Ma Yi asked.

"What do you mean?" Fang Yi asked.

"What I mean is, I'll help you negotiate the lawyer's fees. You just need to find a lawyer for me. It's not a complicated case anyway. How about letting Lawyer Zhou handle the case." Ma Yi stared at Fang Yi with good eyes. Wait for him to express his opinion.

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

"Okay, just tell Zhou Ying and I'll go make an appointment with the person involved." After saying that, Ma Yi raised his butt and left.

"Won't you sit down for a while?" Fang Yi asked cheerfully.

"I'm not going to sit down anymore, it's important to make money." Ma Yi chuckled and quickly walked out of the office.

Although Ma Yi looks unattractive, he is still very professional in divorce proceedings, otherwise Wan Kefa would not let him join the team.

Ma Yi has a very close relationship with Fang Yi and Huang Yuanchao. Although they sometimes don't see each other once a month, they still have a tacit understanding. Take this case as an example. In fact, he could have done it with Lawyer Song, but he just If you know Fang Yi, it doesn't matter how much the introduction fee is. This is friendship.

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

Everyone is usually busy, and the court rarely arranges court sessions on Friday afternoons when everyone is there, so Fang Yi will invite team members to come to the office and ask everyone to talk about the legal issues 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 asked, sitting at the end of the sofa and leaving space for others.

"Not long ago, Lawyer Zhou took on a bigamy case. This case is quite representative, so let's discuss it today to give Lawyer Zhou some suggestions and broaden his mind." Fang Yi put down his tea cup and said with a smile.

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

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

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

“I discussed this case with Lawyer Du before, and the key point now is whether defendant Yu Yijing’s behavior constitutes bigamy?

I think it does not constitute the crime of bigamy for the following reasons:

According to the provisions of 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) (Trial)" (abolished in January 2021, the Civil Code shall prevail), he was declared The marital relationship between the deceased person and his spouse shall be extinguished from the date of death.

If the death declaration is revoked by the People's Court, if the spouse has not yet remarried, the marital relationship will automatically resume from the date when the death declaration is revoked; if the spouse remarries and then divorces or the spouse dies after the remarriage, the marital relationship shall not be deemed to have restored automatically.

In this case, after Le Changsheng was declared dead, Yu Yijing’s marriage relationship with him was terminated. Before the death declaration is revoked, Yu Yijing has the right to register a marriage with others. Therefore, defendant Yu Yijing’s behavior does not constitute the crime of bigamy. This is my opinion, and it can be considered as a starting point. Zhou Ying said with a smile.

"My opinion is contrary to Lawyer Zhou's." Du Yong waited for Zhou Ying to finish speaking before expressing his opinion: "Yu Yijing deliberately concealed the truth that her husband still had contact after he went abroad to work, and maliciously applied to the court to declare Le Changsheng dead. , which is an act of fraud under 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 the fraudulent act is invalid and invalid from the beginning.

Therefore, Yu Yijing obtained the court's confirmation that the legal relationship between her and Le Changsheng was terminated through fraud, and her marriage to Le Changsheng still existed. In this case, Yu Yijing's behavior of marrying another person constituted the crime of bigamy. "