Lawyer's character

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

Meng Guangda considered it for a moment: "I agree with Du Yong's opinion."

"Well, Lao Meng, I'll give you ten minutes to think of a reason.

Everyone, please stop being restrained and take this time to get your water glasses. This is a tea party-style case discussion meeting, so don’t be too restrained. There's a water fountain over there if you're thirsty, so don't make it look like a conference.

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

Yun Qiao moved very quickly and took out a box of snacks from the cabinet in the office, including buns and ham sausages, which Fang Yi had asked Yun Qiao to purchase before. Every time you finish eating, Yunqiao will automatically replenish the food.

Everyone got busy, and ten minutes later, there was the sound of packages being torn off and snacks being eaten in the office.

"Brother Da, don't just worry about eating. It's your turn to speak." Du Yong urged while eating small twists.

Meng Guangda was about to swallow the biscuit in his mouth to speak. He didn't know whether it was because the biscuit was too dry or because he was rushed by Du Yong. He suddenly choked and stared. Yu Wendong next to him hurriedly handed over the water glass. Lao Meng quickly After taking a few big sips, I could breathe easily.

"Brother Da, 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 out loud.

Meng Guangda waved his hands hurriedly and said with an embarrassed look: "It's not a problem! It's not a problem. I'm hungry and I'm in a hurry to eat...

My reason is simple. The defendant deliberately concealed the truth and maliciously applied to the court to declare his spouse dead. His behavior was fraud. Therefore, their marriage should not be extinguished and should still exist. Specifically..."

As soon as everyone heard the words "specifically", they knew that Meng Guangda had relapsed into his old habit and was about to start lecturing on the blackboard, but no one interrupted him. Meng Guangda's classes were sometimes very nutritious.

“… Specifically, civil law only protects legitimate civil legal relationships and civil acts in good faith, and requires actors not to infringe upon the legitimate rights and interests of others and the public interests of society when performing acts.

For those behaviors that maliciously infringe the interests of others or the public, as well as behaviors that are not very harmful to society, civil laws do not protect them. Not only that, they will also provide corresponding sanctions or relief measures, and require the infringers to bear liability 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 should be considered invalid, and the legal relationship confirmed as a result of the fraud should also be invalid and invalid from the beginning.

Therefore, 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)" mentioned by Lawyer Zhou just now should only target legal civil acts. In other words, Only for good intentions. It shall not apply to fraudulent acts committed with malicious intent.

In this case, the defendant Yu Yijing deliberately concealed the fact that she had a relationship with her husband Le Changsheng, as well as the fact that Le Changsheng remitted money.

He falsely claimed that Le Changsheng's whereabouts had been unknown for four years, and maliciously applied to the court to declare Le Changsheng dead. This was a serious violation of the law and was an invalid civil act. The legal relationship between Le Changsheng and Le Changsheng, which resulted in the disappearance of the marriage relationship, should also be canceled automatically. initially invalid.

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

"Lawyer Fang, what do you think?" Zhou Ying looked at Fang Yi, feeling a little like she was looking for an 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 based on laws and principles.

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

"Okay, I'm alone now." Zhou Ying seemed to be deflated.

"Sister Zhou, don't be discouraged. Although I don't think what you are saying is very tenable, I support you mentally. As long as you book my lunch next week, whatever you say will be yours." Yun Qiao hehe smiled.

"Get out! You are taking advantage of the situation, do you know?" Zhou Ying said angrily, half-truthfully.

"Okay then, my only ally will also withdraw and I will sever the alliance with you for five minutes." Yun Qiao was not angry either.

The two bickered and made everyone laugh.

"Okay, let me tell you my reasons." Fang Yi took a sip of tea: "I think the defendant Yu Yijing meets the requirements for the crime of bigamy.

First of all, when Yu Yijing applied for a declaration of death of Le Changsheng, she subjectively knew that Le Changsheng had been in contact with her for many years and was not missing. However, she falsely claimed that Le Changsheng had been missing for four years after going abroad, and used this to An application was made to the court to declare Le Changsheng dead, which led to the court's ruling that the defendant Yu Yijing obtained a false "fictitious widowed" status.

Secondly, after Le Changsheng was deported to the country, he filed a divorce lawsuit with the court, and the defendant Yu Yijing participated in the divorce proceedings as Le Changsheng's wife. This fully proves that Yu Yijing is not "widowed" but "married" to her. This is known.

Therefore, the defendant Yu Yijing used fraudulent means to deceive the court into declaring Le Changsheng's death, obtained the "fictitious widowed" status stipulated by law and then married someone else. The status of divorce and the nature of marrying another person are the same, both are bigamy.

Judging from the entire case, the false procedures obtained by Yu Yijing, the defendant in this case, were a judgment of death issued by the people's court, which was a special manifestation of bigamy.

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

Yu Yijing's remarriage has seriously violated Le Changsheng's legal rights and interests and the monogamous marriage system protected by Chinese law. Not only that, she has also seriously disrupted the judicial order. The circumstances are serious and it is obviously no longer an ordinary civil violation. The behavior meets the constituent elements of the crime of bigamy and has constituted the crime of bigamy. "

"Well, it seems I have to adjust my defense thinking." Zhou Ying muttered after listening to the others.

If a lawyer objects to her defense plan, it may be because everyone has different understandings of the case and the law. But with so many lawyers in the team opposing her opinion, Zhou Ying has to reconsider the direction of her defense.

"We are just providing different opinions. It is up to you to determine the specific defense plan. We will not talk about it." Fang Yi said with a smile.

What professional teams fear most is to have a monologue, which will dampen everyone's enthusiasm. If you alone have the final say, then we have nothing to consider. Just play by yourself.