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It may affect. Even if the parents are divorced, both parents need to be reviewed politically when the child is in political trial. Because the main content of the political trial is the political situation of the immediate family and the main social relations close to the person, and the relationship between parents and children is not eliminated by the dissolution of the relationship between husband and wife, after divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or the mother.
[Legal basis].
Civil Code of the People's Republic of China
Article 1084: [Parent-Child Relationship After Divorce] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Detailed Rules for the Development of Party Members of the Communist Party of China
Article 16: Party organizations must conduct a political review of the development targets.
The main contents of political review are: attitude towards the party's theory, line, principles, and policies; political history and performance in major political struggles; compliance with laws and regulations and social morality; The political situation of the immediate family members and the main social relations close to the person.
The basic methods of political examination are: talking to the person himself, consulting relevant archival materials, seeking information about the situation from relevant units and personnel, and making necessary correspondence or external transfers. After listening to the person's introduction and reviewing the relevant materials, if the situation is clear, it may not be transferred by letter or from outside.
When conducting a political review of the development targets among the floating persons, the opinions of the grassroots Party organizations at their place of household registration and residence shall also be solicited.
Political review must be serious, seek truth from facts, and pay attention to the consistent performance of the individual. The review shall form conclusive materials.
Those who have not undergone political examination or who are not qualified for political examination cannot be recruited into the party.
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In this case, after the divorce of the parties, although the custody of the child belongs to the woman, the illegal and criminal acts of the child's father will have an impact on the child to a greater or lesser extent, because the relationship between the parents and the child is not eliminated by the divorce of the parents.
In addition, in this case, as the father of the child, breaking the law and committing a crime may have some negative impact on the child's mind or future soldiering, as well as other political trials, but it is an indirect irresistible factor, and the child's mother needs to actively guide and educate the child, so that the child can actively face and face this problem.
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It must have an impact! Now you shouldn't think about whether there is an impact or not, but think more about how to get your child to eliminate the influence!
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The future has no effect, as for the heart, don't say it.
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Legal analysis: In this case, after the divorce of the two parties, although the custody of the child belongs to the woman, the illegal and criminal acts of the child's father will have more or less an impact on the child, and the illegal and criminal acts of the child's father may have some negative impact on the child's heart or future soldiers, as well as other political trials, but it is an indirect irresistible factor, and the child's mother needs to actively guide and educate the child, so that the child can actively face and face this problem.
Legal basis: "Law of the People's Republic of China on the Prevention of Crimes by Minors" Article 1: This Law is drafted so as to protect the physical and psychological health of minors, to cultivate minors' good conduct, and to effectively prevent juvenile delinquency.
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Legal Analysis: Yes. In our country, blood ties are lifelong in life. Even if the parents divorce, the father-child relationship and the mother-child relationship do not end because of this. Therefore, if one party commits a crime, the children will still be implicated.
Legal basis: Code of the People's Republic of China Li Hongliang
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Legal Analysis: Implications. Even if the divorce is divorced, the husband is still the father of the child, and the relationship between the parents and the child will not change because of the dissolution of the parents' marriage.
Therefore, when the father is in prison, when the child applies for the military and police academies or civil servants in special positions, the political trial will be affected to a certain extent. The main targets of the political trial include candidates and their immediate family members who have been sentenced for criminal offenses.
Legal basis: Article 26 of the Civil Servants Law of the People's Republic of China The following persons shall not be hired as civil servants: (1) those who have received criminal punishment for crimes; (2) Those who have been expelled from the Communist Party of China; (3) Those who have been dismissed from public office; (4) They have been lawfully listed as targets of joint disciplinary action for untrustworthiness; (5) Where there are circumstances where the law prohibits hiring as a civil servant and they are aggressive.
1. The first stage: the prosecution stage.
This phase consists of the following three procedures: >>>More
Then go to court and sue for divorce.
The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party. >>>More
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>More
If the judgment of the first instance is issued, the period of appeal has expired or the woman has not appealed during the appeal period, the judgment shall enter into force. >>>More