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A lawsuit can only be brought in court if the third party's conduct meets the following conditions:
1. If it reaches the level of marrying another person with a spouse or marrying another person knowing that he 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.
Legal basis:
Article 1041 of the Civil Code of the People's Republic of ChinaMarriage and family are protected by the state.
Freedom of marriage, monogamy, and equality between men and women are practiced.
Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
Article 1042Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
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Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. According to the provisions of the relevant judicial interpretations of our country, if the parents agree to change the custody relationship of the child, they can change the custody of the child, so after the divorce by agreement, the custody can be changed through negotiation.
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1. How to sue a third party for destroying the family.
1. If the destruction of the family by the junior does not constitute the crime of bigamy, it cannot be prosecuted. According to the relevant laws and regulations of China, the Civil Code only prohibits bigamy and prohibits the cohabitation of a spouse with another person, and does not make any substantive provisions for extramarital lovers. Only when the extramarital lover knows that the other person has a spouse but still marries him, if the crime of bigamy is constituted, he will bear the corresponding criminal responsibility, otherwise we can only morally condemn the extramarital lover.
2. Legal basis: Article 1042 of the Civil Code of the People's Republic of China.
Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
2. What is the process of suing for divorce.
The process of suing for divorce is as follows:
1. Initiate, prepare the complaint and related materials to the court to file a lawsuit;
2. If the case is accepted, and the conditions for filing the case are met, the court will serve a copy of the complaint to the other party within 5 working days after the case is filed;
3. Pre-trial mediation;
4. If the mediation fails, the trial shall be conducted;
5. Waiting for the verdict;
6. If the parties are dissatisfied with the judgment, they may appeal to the court at the next higher level and conduct a second-instance litigation.
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You can sue you.
Criminal Law of the People's Republic of China
Article 14: Intentional crimes are committed intentionally where one clearly knows that one's conduct will have consequences that are harmful to society, and hopes or allows such consequences to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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.
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Summary. If a junior destroys someone else's family, if he does not physically injure one of the destroyed families or otherwise violates the law, the law will not pursue it.
Secondly, if a third party intervenes to cause a divorce, the innocent party in the marriage can demand the other party to make corresponding material and moral compensation, but there is no basis for requiring the third party to bear legal responsibility, and it will not be supported by the court.
Legal basis] Article 258 of the Criminal Law stipulates that a person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
How to sue a third party for destroying the family?
Dear Hello to the main impulse, I am Teacher Xiao Xin, I am very happy for you to ask the question of Sanmingyuan, it takes time to type, Huaizhi will have your question within five minutes, please be patient
If the junior destroys other people's families, if he does not physically injure one of the destroyed families or otherwise violates the law, he will not chase after the law. Secondly, if a third party intervenes to lead to divorce, the innocent party in the marriage can request the other party to make corresponding material and moral compensation, but there is no basis for requiring the third party to bear legal responsibility, and it will not be supported by the court. Legal basis] Article 258 of the Criminal Law stipulates that a person who has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Then it's okay? Is there such a light, no way?
If it involves some internal conflicts in the family or leads to economic conflicts, you can directly find a lawyer to fight this lawsuit.
This is required under the regular law, as there is no criminal case involved.
The junior is just about social ethics.
The man's destruction of other people's families is the same? There is no way, but to admit it?
Because this does not involve a criminal offense, it can only be said to be financially compensated.
You can go to a lawyer, type a lawsuit, and then get one of your own illegal losses.
The maximum sentence is three years.
What does it mean for a lawyer to have a full typefield lawsuit? How can that man judge.
If you fight this kind of relationship, especially if it is a family conflict, how to judge the man, it depends on the degree to which he destroys the family, and this depends on the lawyer to find evidence.
What judgment can be imposed on a divorce that destroys the family?
In serious cases, it is punishable by three years in prison.
Got it、Thank you。
You're welcome, goodbye.
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Summary. Hello, first of all, it is necessary to determine whether the third party has committed the crime of bigamy between the third party and the parties, if not, because there is no crime of destroying the family at present, on the premise that it does not constitute the crime of bigamy, the third party is not a crime, but if a third party intervenes in the marriage relationship and causes the loss of the wife and husband, you can claim compensation from the third party.
Hello, first of all, it is necessary to determine whether the third party and the party have committed the crime of bigamy, if not, because there is no crime of destroying the family, under the premise of not constituting the crime of bigamy, the third party is not guilty of the crime of pickpocketing, but if a third party in Chunzhou intervenes in the marriage relationship and causes the loss of the wife and husband, he can claim compensation from the third party.
If you ask for property compensation, you must prove that the reason for the breakdown of the marital relationship is the destruction of the marital relationship by a third party, and you can collect evidence such as buying and renting a house, and WeChat audio recording, video recording, etc., so that there is enough evidence to support the relevant accusations at the time of the lawsuit.
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