"Disappearing her", which is being reflected,
did you see it yet?
This suspense domestic film tells about a young couple commemorating the first anniversary of her new marriage. The wife suddenly did not know where to go, and the local police did not set up the case.The weird thing began to follow. When her husband He Fei was looking for nothing, his wife appeared again, but the husband insisted that the woman in front of him was a stranger.Local gold lawyer Chen Mai intervened in this bizarre case under He Fei’s request. With the development of the story, who is the real wife and who is the murderer and other puzzles are constantly unlocked. The hidden truth behind the story is beyond the audience than the audienceImagination …
At the same time that the secrets of the film make the audience are addicted, the depictions of marriage and friendship are also showing the contradiction between morality and law, morality and human nature.Many legal issues present in this film have also attracted much attention.
In this regard, the reporter of the "rule of law" reporter Zhou Xuliang, director of the Beijing Guan Ling Law Firm, and Zhang Baojun, a member of the Management Committee of the Beijing Kangda Law Firm and a senior partner, interpreted the legal issues involved.
Reporter: After her husband He Fei was in debt in the film, he asked his wife Li Muzi to help repay the debt, but Li Muzi did not agree.So, is the gambling debt belonging to the common debt of the husband and wife?After the gambling debt is owed, do the spouse and relatives need to help repay the gambling debt?
Zhou Xuliang: The "Provisions on Several Issues of the Supreme People’s Court on the Application of Laws on the Application of Cases of Civil Loan Cases" clearly stipulates that if the lender knows or should know that borrowers are used for illegal and criminal activities, the people’s court shall determine that the civil loan contract is invalid.Gambling is an illegal activity in my country, so the debt formed is not protected by law.Therefore, gambling debts do not constitute the joint debt of husband and wife, and spouses and relatives do not need to help repay.
According to Article 34 of the Supreme People’s Court on the Explanation of Marriage and Family Editorials of the People’s Republic of China (1), the third parties claim that the husband and wife are engaged in illegal crimes such as gambling and drug abuse.If the debt is the joint debt of the husband and wife, the people’s court does not support it.
In addition, in our country, every natural person is an independent civil subject. There is no legal basis for whether it is "parent debt" or "child debt father repaid". Unless the debtor dies, his heirs are obliged to be within the scope of the inheritance property.Repay the debt for the debtor.
Reporter: In the film, He Fei invited his wife Li Muzi to travel to Southeast Asia on the grounds of the first anniversary of marriage, then killed him, and lied that he was missing. He hoped that the police would file a case as soon as possible to have legal consequences?
Zhou Xuliang: On the one hand, He Fei made the disappearance of his wife, and actively asked the police to file a case. It was an attempt to transfer the police’s attention by turning passiveness into active ways, misleading the police’s investigation direction, and elution of his suspicion.On the other hand, he is to successfully take over his wife’s property, because according to Article 42 of the Civil Code of my country, the property of the missing person is managed by his spouse, adult children, parents, or other people who are willing to serve as property custodian.There are controversy, and those who do not have the previous paragraph, or those specified in the preceding paragraph without the ability to control the process, shall be appointed by the people’s court.
Article 40 of the Civil Code of my country stipulates that if the whereabouts of natural persons are unknown for four years, or if the whereabouts of accidents are not clear for two years, the stakeholder can apply to the court to declare the death of the natural person, so Li Muzi’s property can be from the only first of the first first first. He is inherited by the successor He Fei.
Reporter: In the film, He Fei was brutally killed in order to inherit his wife’s property repayment of gambling debts. Does He Fei enjoy the right to inherit property?
Zhang Baojun: On the one hand, according to the provisions of Article 1,27 of the Civil Code, the spouse is the first heir to the legal first place.Under normal circumstances, if Li Muzi dies, Her husband has the right to inherit his inheritance; however, Article 1,25 of the Civil Code stipulates that "if the heir has one of the following behaviors, the right of inheritance is lost: (1) intentional killing intentionallyThe heir ".As a heir, he deliberately killed the heir Li Muzi, so he lost his inheritance right.
Reporter: In the film, his wife Li Muzi was killed, and the male lead was executed.Who will inherit Li Muzi’s legacy when the husband and wife die?
Zhou Xuliang: According to the provisions of the Civil Code of my country, the heritage inherited in accordance with the first order (spouse, children, parents) and the second order (brothers and sisters, grandparents, and grandparents).No one inherited and unattended heritage, which was owned by the country and used it for public welfare. The deceased was a member of the collective ownership organization during his lifetime, and he was owned by the collective ownership organization where he was located.
It can be seen from the film that Li Muzi’s parents have died both. Without children, no siblings, it depends on whether her grandparents and grandparents are alive.If they have died, then Li Muzi’s property will be owned by the country for public welfare.
Reporter: At the end of the film, He Fei learned that the wife he was killed was pregnant, so what would have any impact on Hefei’s sentencing at the legal level?
Zhang Baojun: In my country’s criminal law and judicial practice, the mainstream view has adopted the "independent breathing theory" for the standard of the birth of the fetus, that is, only the fetus gave birth to the mother and began to breathe independently, and the criminal law protected it.The fetal that has not been born is not a "person" in the sense of criminal law.Therefore, in the film, He Fei only killed one person.
Killing pregnant women, at the same time, has an impact on sentencing of fetal death.According to the Supreme People’s Court and the Supreme People’s Procuratorate’s "Singing Guidance on Single Crime (Trial)", "If the criminal target is a vulnerable person such as minors, the elderly, the disabled, and pregnant women, the nature of the crime is comprehensively consideredThe severity of the crime can increase below 20%of the benchmark punishment. "Based on this, He Fei killed his pregnant wife and could aggravate the punishment.
Reporter: In the film, in order to investigate the cause of his friend Li Muzi, he pretended to be a lawyer to set up a bureau to obtain He Fei’s trust.So, is it legal for ordinary people to counterfeit lawyers to collect criminal evidence?Does the evidence obtained have legal effect?
Zhang Baojun: Chinese lawyers law stipulates that those who have not obtained a lawyer’s practice certificate shall not engage in legal service business in the name of a lawyer; those who have not obtained a lawyer’s license are engaged in legal service business in the name of a lawyer, and the local people’s government at or above the local people’s government at the local levelThe administrative department ordered to stop illegal practice and confiscate illegal income, and the fines of more than five times the illegal obtained from the law were obtained.Therefore, pretending to be a lawyer to collect criminal evidence is illegal act, and pretenders will be punished by administrative penalties.
In the film, Shen Man pretended to be a lawyer and learned some cases through his own way, collected some materials related to the case, and Shen Man could report to the judicial organs of the case to submit the relevant materials.The judicial organs will review these materials in accordance with the law. Only related materials with legality, authenticity and correlation are legal effect.
In the film, his wife Li Muzi was used to see the promised seabed starry sky in the name of love, but was locked in the cage of the bottom of the sea by the favorite person."He Fei" He Fei received the punishment he deserved.
In reality, one of the prototypes of the story- "Thailand’s Pregnant Women Falling Cliff Case", 20 days before the film, also waited for the final judgment of the Royal Court of Thailand.Yu Xiaodong, who pushed the pregnant wife Wang Nuannun (pseudonym) down the cliff, was sentenced to 33 years and 4 months in prison, and paid Wang Nuannun’s civil compensation for about 1.06 million yuan.
Today, 17 fractures in the whole body, the king of more than 200 needles is warm, and stubbornly stood up.She defined her experience of falling cliff and was rescued as "rebirth".She said, "The past experience made me cherish my life more. I still have a thousand miles to do it, and I want to live again." "I believe I will slowly get better" "I want to help and encourage more people with my story"Essence
Looking at this movie
Although "she" disappeared
But waiting for He Fei will be a legal sanctions
Justice may be late
But will never be absent
Of course, I hope that "her" who has no disappearance …
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(The pictures of this article are from official materials or networks)
Author ｜ Rule of Law Daily All Media Reporter Bai Chuxuan
Source: Rule of Law Daily
