Interpretation of "Happiness to Wanjia" wedding, colorful gifts, online storms ... how do the law be managed?丨 Watch the show

The contemporary rural theme drama "Happiness to Wanjia" is a story of a girl named He Xingfu growing under the multiple tests of career and marriage, love and affection. Many storylines in the play have caused strong resonance with many audiences.

Recently, the column of the "Capital Economic Herald" in Beijing Radio and Television specially invited Wang Haoyu, assistant to the Judge of Beijing Daxing Court to be a guest program. From a legal perspective, analysis of the love point in the love of "Happiness to Wanjia" in the drama.

01

Story in the play: He Xing is married

The heroine He Xingfu married Wanjiazhuang. Her sister He Xingyun attended the wedding as a bridesmaid. What He Xing was unwilling was that at the wedding, she encountered the "bottom line" of the son of Wanjiazhuang Village Division. Marriage brings her body and mind. Later, under the struggle and persistence of sister He Xingfu, Wanjiazhuang posted an announcement for prohibiting marriage.

As the TV series shows, in recent years, some bad habits of "marriage" have continued to appear in news reports. The good wedding has become a farce, and even some vulgar wedding has made the happy event a tragedy. So do the perpetrators have legal consequences?

Judge interpretation

There is a limited marriage. Wan Chuanjia fakes the name of marriage, but in fact, it violates the will of the bridesmaid's luck, and exerts the obscenity of obscenity. He is suspected of forced obscenity and exists. Several other men are suspected of committing common crimes. In fact, the behavior of the heir lives is likely to violate our criminal law.

From the legal level, the "bottom -free" wedding behavior in the play is mild in sexual harassment. The victims may ask the victims to bear the liability for civil infringement, and the severe crime of compulsory obscenity is constituted. The lighter bottomless line of marriage will constitute civil infringement. According to Article 109 of my country's "Civil Code", the personal freedom and personality dignity of natural persons are protected by law. Article 995 stipulates that if personality rights are violated, the victim has the right to bear civil liability in accordance with the provisions of this law and other laws. The victim's stop infringement, eliminating obstacles, eliminating dangers, eliminating impacts, restoring reputation, and the right to apologize for the lawsuit is not applicable. Article 1010 stipulates that if it violates the wishes of others and shall perform sexual harassment to others in terms of words, words, images, limb behavior, etc., the victim has the right to request the actor to bear civil liability according to law. The wedding and troubles that cause serious consequences may also constitute a crime. According to Article 237 of my country's Criminal Law, forced to molest others or insult women with violence, coercion or other methods, they will be imprisoned or detained for less than five years. Or in public places, obscenity, insulting women, or other harsh circumstances, they are sentenced to more than five years in prison.

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02

Summer Holiday

Story in the play: Can "Cai Li" retreat

As soon as you get married, you will have to divorce. What the man's family wants to do Caoli. How is the question of such a question about Cai Li in our country?

Judge interpretation

"Civil Code" has been newly released, and it is strictly forbidden to use marriage as a reason to ask for finances. This one is actually aimed at colorful gifts. Nowadays, many of the country's remote areas, they have to save money for many years. Therefore, although the issue of Cai Li is a custom habit, from the perspective of economic development, it is also a bad habit.

"Explanation of the Supreme People's Court on the Application of the People's Republic of China Code & Marriage and Family Edit (1) stipulates that the parties request to return to the gifts paid in accordance with customs. If they are found to be the following circumstances, the people's court shall support: (1) The two parties do not go through the procedures for marriage registration; (2) the two parties go through the marriage registration procedures but do not live together; The provisions of the second and third paragraphs of the preceding paragraph shall be based on the divorce of both parties. < /g>

03

Story in the play: He Xingyun was kicked out of the house by the landlord

In the play, He Xing's sister He Xingyun went to the city to find a job after graduation. Because the rent did not have money to renew the rent, the landlord was kicked out, and the landlord also cleaned up her things from the room. If the rent does not pay, can the landlord clean up the tenants?

Judge interpretation

During the lease period agreed in the contract, the landlord's cleanup of tenants was illegal. If the tenant does not pay the rent after the terminal, and after the urging is urged, it is not paid within the reasonable period, the landlord can terminate the contract and ask the tenant to move away. The landlord's private cleanup of the tenant needs to bear the liability for infringement.

According to Article 722 of the Civil Code, if the lessee does not pay or delay paying the rent without proper reasons, the lessor may ask the lessee to pay within the reasonable period; contract. Article 733 stipulates that the lease period expires, and the lessee shall return the leased property. The rented lease should meet the status after the nature of the agreed or the nature of the leased property. After the lease contract is lifted, the tenant should take away their personal belongings and return the house to the tenant in accordance with the agreement or according to the nature of the house. Article 448 stipulates that the real estate restricted by the creditor shall belong to the same legal relationship with the creditor's rights, except for the restrictions between enterprises.

It can be seen from the above laws and provisions that when the tenant arrears of the rental acts such as the rent, the correct approach of the landlord is based on the agreement between the two parties in the "Lease Contract" and requires the tenant to pay the rent and bear the liability for breach of contract. In the specific operation, the landlord can first negotiate with the tenant, strive to resolve disputes properly, and avoid contradictions. If the two parties fail to negotiate, the landlord can also sue to the court in accordance with the law, ask the tenant to pay the rent and bear the liability for breach of contract.

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Source BTVR "Capital Economic Herald"

Supply: Daxing Court

Text: Wang Haoyu

Edit: Qian Kun Yao Rihui

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