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Legal analysisWhere a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit. Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it. Families shall establish a good family style, carry forward family virtues, and attach importance to the establishment of family civilization.
Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.
The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.
Legal basisCriminal Law of the People's Republic of China: Article 258: Whoever has a spouse and bigamy, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
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Legal analysis: 1. If it reaches the level of marrying another person with a spouse or marrying another person knowing that another person has a spouse, it constitutes the crime of bigamy.
2. If you knowingly live with the spouse of an active-duty soldier, it constitutes the crime of sabotaging a military marriage.
3. Where a third party uses methods such as persuasion, inducement, instigation, instigation, bribery, or threat to transmit criminal intent (criminal intent) to the instigated person (one of the husband and wife) or to strengthen and strengthen his criminal intent, causing the instigated person to commit a crime in accordance with the instigator's criminal intent, the third party shall bear legal responsibility for instigating the crime.
If it were not for the above-mentioned three types of courts, the court would only give warnings and other measures to the third party, and the legal basis was: the Criminal Law of the People's Republic of China
Article 258:Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
Article 259:Whoever marries another person while having a spouse, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention.
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Legal analysis: China's law clearly stipulates what kind of legal liability the third party should bear in a divorce case caused by the intervention of a third party, and there is no corresponding provision on whether the innocent party can claim damages from the third party. "Whoever has a spouse and marries another person, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term detention.
Bigamy destroys the monogamous marriage system and infringes upon the legitimate rights and interests of the original spouse, and the infringer should not only bear the above-mentioned criminal liability, but also bear the corresponding civil liability.
Legal basis: Article 258 of the Criminal Law of the People's Republic of China Whoever commits bigamy while having a spouse, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
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Summary. Hello! Relatives, the third party in the marriage has legal responsibility. According to the laws of our country, a third party who knowingly cohabits with a serviceman on active duty, or a third party who marries another person knowing that he or she has a spouse, has committed a crime and is liable for corresponding criminal responsibility.
Hello! Kissing, the third party in the marriage has the responsibility of the law. According to the laws of our country, a third party who knowingly cohabits with a serviceman on active duty, and a third person who sells crude goods knowing that another person has a spouse and marries him, has committed a crime and is liable for corresponding criminal liability.
Legal basis: Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, the marriage is invalid: (1) bigamy; (2) There is a family relationship that prohibits marriage and simplifies it; (3) They have not reached the legal age for marriage. Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and engages in bigamy, or marries another person knowing that he or she has a spouse, shall be sentenced to up to two years imprisonment or short-term detention.
Article 259 of the Criminal Law of the People's Republic of China: Whoever clearly knows that he is the spouse of a serviceman on active duty and cohabits or marries him, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
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Summary. Hello! Relatives, the third party in the marriage has no legal responsibility. Chinese law does not clearly stipulate what kind of legal liability the third party should bear in a divorce case caused by the intervention of a third party, and there is no corresponding provision on whether the innocent party can claim damages from the third party.
Hello! Kissing, the three of them in marriage have no legal responsibility. China's law does not clearly stipulate what legal liability should be borne by the third party in a divorce case caused by the intervention of a third party, and there is no corresponding provision on whether the innocent party can claim damages from the third party.
Article 1043 of the Civil Code stipulates that families shall establish a good family style, promote family virtues, and attach importance to the construction of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members should respect the elderly, fight and love the young, help each other in the judgment, and protect equal, harmonious, and civilized marriage and family relationships.
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1. What are the legal liabilities of third parties in marriage?
1. The legal liability of the third party in marriage is as follows:
1) If it reaches the level of marrying another person with a spouse or marrying another person knowing that another person has a spouse, it constitutes the crime of bigamy;
2. If you knowingly live with the spouse of an active-duty soldier, it constitutes the crime of sabotaging a military marriage.
3) Where a third party uses methods such as persuasion, inducement, instigation, instigation, bribery, or threat to transmit the instigated intent or strengthen its criminal intent, causing the instigated person to commit the crime in accordance with the instigator's criminal intent, the third party shall bear legal responsibility for instigating the crime.
2. Legal basis: Article 258 of the Criminal Law of the People's Republic of China.
Whoever marries another person while having a spouse, or marries another person knowing that he or she has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
Article 259.
Whoever clearly knows that he is the spouse of a serviceman on active duty and cohabits or marries him, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
Article 29.
Instigators] Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment. If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.
2. How to sue a third party for sabotaging a marriage.
1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated = if the parties are employers, the name, address, and names of the legal representative or responsible persons shall be indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the tail must be signed or affixed with an official seal;
2. According to the principle of who asserts and who bears the burden of proof, the plaintiff shall submit materials to the court for litigation;
3. When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is for the record;
4. Within seven days after the parties have completed the necessary formalities and submitted all relevant evidence, the case filing tribunal shall handle the case filing formalities if the conditions for case filing are met = and rule not to accept the case if the conditions for case filing are not met;
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance, and if there is real difficulty, they may submit a written application to the court for reduction, postponement or exemption within the prepayment period.
6. After the case filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements, and settle the litigation costs in the financial office after the case is concluded.
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