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will face issues such as allocation of jointly owned property

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发表于 2014-11-25 02:06:28 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
the Court recognized after the marriage valid, will face issues such as allocation of jointly owned property, some people in order to achieve the purpose of cheating sham marriages demolition section, will face many risks, and even criminal liability .Chengdu Qingyang Law Chinese Commercial News reporter Bo Yangyue(Original title:? To get relocation compensation "fake marriage" the court sentenced: MarriBEIJING, Haikou June 21 (Reporter Wang Xiaobin off east) concern Wanning "Principal with the girls open house case", June 20 from Hainan a Court of First Instance sentenced for rape original Wanning City in the second Peng Chen primary school principals in 13 years 6 months imprisonment and deprived of political rights for three years; sentenced former Wanning City housing security and the Housing Authority staff Feng Xiaosong 11 years 6 months imprisonment and deprived of political rights for one year.Throughout the case.
Qingyang court has made a final judgment in a divorce are not allowed to confirm the validity of marriage between the two sides, Chen Li signed by both parties before marriage. the "Agreement" sham marriage on the grounds belonging to advocates of marriage is invalid, there is no legal basis. Therefore, the court dismissed the claims of Qingyang Chen Li's.Lawyer: To prove that two or bear criminal offense"If you can prove their illegal purpose, it is possible to hold them criminally." 4 Chuanjia World lawyer law firm Wang Yi said, in real life, although not because of feelings sometimes get married, but this case The Court confirmed after their marriage is valid.Wang Yi said that this method of relocation compensation fraud, may be suspected of fraud, but still need evidence to prove it. Because the man denied the "Agreement" is signed voluntarily, also denied unlawful purpose, it is difficult to prove their illegal purpose, but also other circumstantial evidence, "but if the two sides have recognized, it may be able to justify their illegal the purpose. "Zhang lawyers advise, no matter for what purpose the parties.
described as "twists and turns."The first is the identification of links:For Wanning police twice before and after the results of Forensic six pupils, there are four parents have pleaded not questioned May 10 and May 13, "the identification results before and after the two are not the same." Among them, the symbol Parents with children surname called "the most compelling evidence of rape, but I do not believe in Wanning police, not the evidence available to them."Affiliated Hospital of Hainan Fu surname forensic says, "whether the hymen identification should fully respect the views of victims and their legal representatives."She introduced, do hymen judicial identification, must be accompanied by a letter from the police or police officers.
"Liu believes that "agreement" does not prove that the marriage was illegal purposes, then they are not voluntary written consensual and later got married lived together, not to relocation compensation before they got married. Before, the man also sued for divorce, the court allowed the divorce is recognized the validity of marriage.Court: Advocated no legal basis for nullityQingyang court in hearing that, according to the "Marriage Law" stipulates that: "any of the following circumstances, the marriage is invalid: bigamy; prohibiting the marriage of kinship; that the disease should not be married, marriage has not been suffering from a medical premarital healing; not yet reached the legal age for marriage is "Chen Li and Liu's case does not belong to any of the above provisions, and in accordance with the judicial interpretation of the Supreme Court," the court annulment cases, the validity of marriage proceedings NA mediation should. make a judgment according to the law; judgment about the validity of marriage, once made, that is legally effective "in this dispute since before the marriage is invalid.
but only with a doctor qualified to forensic identification report issued by the authority.Fu doctor twice for Mannings forensic police would not comment. But she hinted that there is no letter of the police, forensic forensic and can not be re-issued identification book.Look into the judicial process links:May 13, Wanning City Public Security Bureau in criminal detention on suspicion of child molestation Chen Peng, Feng Xiaosong;May 28, Wanning City People's Procuratorate Chen Peng,  rape prosecution to Wanning City People's Court. Wanning City People's Court decision on the admissibility of the two cases to be filed.June 8, Hainan First Intermediate People's Court decided to change the jurisdiction of the case, put the provincial level in accordance with the procedure of first instance in a court hearing.
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