Watch the drama ｜ Vulgar marriage is a rest!The legal thing in "Happiness to Wanjia"

Recently, according to the novel "The Legend of Qiu Ju", "Happiness to Wanjia" with the theme of rural revitalization is currently being broadcast. The play is based on the development of Wanjiazhuang, telling the story of He Xingfu, who marrying Wanjiazhuang, to continue to achieve self -growth under the multiple tests of his career, marriage, and family.

"Happiness to Wanjia" He happy to marry Wanjiazhuang's wedding as the opening. Sister He Xingyun was humiliated due to "marriage trouble". In a hurry, He Xingfu smashed the village branch Wan Shantang's son Wan Heache. For luck "discussing". While watching the show, the legal knowledge points of the wedding are also worth our learning.

What should I do if I encounter a "bottomless line" marriage?

Synopsis

He Xingfu married Wanjiazhuang, and her sister He Xingyun attended the wedding as a bridesmaid. What made her unexpected was that at the wedding, she encountered the "bottom line" wedding trouble of the son of Wanjiazhuang Village Division, and brought her physical and mental creation. Later, with the persistence of sister He Xingfu, Wanjiazhuang posted an announcement for prohibiting marriage.

Judge interpretation

According to relevant literature records, the customs of wedding and troubles have existed as early as the Han Dynasty. As one of the traditional Chinese wedding customs, the original intention is to add a lively atmosphere to the wedding. The saying that there is no size in the wedding "has a lot of" bottom lineless "wedding ways, which not only violates the civilization style, but also may harm the physical rights, reputation and privacy rights of others, and even infringe on the health of the lives of others.

The "bottom line" marriage is a bad habit. From the legal level, the "bottom lineless" wedding behavior in the play is a sexual harassment. The victim can ask the victim to bear the liability for civil infringement, and the severe crime of compulsory obscenity is constituted. The victim is punished by corresponding criminal punishment.

Article 100 of the Civil Code of my country stipulates that if it violates the wishes of others, it shall be sexually harassing to others in terms of words, words, images, and physical behavior.

Severe weddings may also constitute a crime. Article 237 of the Criminal Law of my country stipulates that if violence, coercion, or other methods forcibly obscene others or insult women, they will be imprisoned or detained for less than five years. The plot is sentenced to more than five years in prison.

Wedding person, also the foundation of gifts. It means that the wedding is the foundation and fundamental of all etiquette. Therefore, the customs of marriage should also follow the basic social morality, keep the legal bottom line, express our sincere blessings to the newcomers in a civilized manner, consciously resist the "bottom line" wedding trouble, and let the wedding return to warm and exaggerated.

Wedding scene video was spread to the Internet

How to protect rights?

Synopsis

There is such a detail in the play. When He Xingfu rushed in to protect his sister He Xing, the wedding photographer followed the whole process. If the photographer has spread or upload the video taken by the filming without the consent of others, does it constitute an infringement? How to protect their rights?

Judge interpretation

The Civil Code of my country clearly stipulates the privacy, portrait rights, and reputation rights of natural persons. Article 1032 of the Civil Code stipulates that natural persons have the right to privacy, and no organization or individual shall infringe on the privacy of others in the methods such as stabbing, invasion, leakage, and openness. Article 1099 stipulates that no organization or individual shall infringe on the right of portrait of others with information technology, or forgery with information technology. Portrait of a person, without the consent of the portrait of the portrait, the right holders of portrait works shall not use or disclose the portrait of the portrait of the portrait of the portrait of portrait. Article 1044 stipulates that reputation is the social evaluation of the morality, reputation, talents, and credit of civil subjects. Any organization or individual may infringe the reputation of others in the way of insulting or defamation.

The Civil Code also stipulates relevant legal relief channels. Article 977 stipulates that the civil subject has evidence to prove that the perpetrator is implementing or is about to implement an illegal act that infringes his personality rights. If it will not stop it in time, it will be harmful to the legitimate rights and interests. Application should be applied to order measures to stop the behavior.

In the play, the content of the photographer involves some relatively privacy pictures such as marriage and trouble. If the video is not unauthorized, the video is not allowed to spread the private information beyond the public domain. The privacy of others. If there is a clear personal image in the disseminated video, it belongs to the behavior of using and disclosing portraits of others without the consent of others, which may infringe the right to portrait of others. If its disseminated video content will reduce the moral quality and credit reputation of others, it is the right to infringe on others. Based on this, the victims can ban the personnel of the court's personality rights and require the other party to stop the relevant behavior to prevent the adverse consequences from increasing or damage. At the same time, the victims may require the infringer to bear civil liability such as stopping infringement, eliminating obstacles, eliminating dangers, eliminating impacts, restoring reputation, and apology.

Can Cai Li retreat? Who said it?

Synopsis

At He Xing's wedding, her sister He Xingyun encountered a "bottom line" wedding. He Xingfu smashed the son of Wanjiazhuang Village Division Wan Heachi in order to protect his sister. In order to not offend the village party secretary, He Xingfu's mother -in -law proposed to divorce He Xingfu through the matchmaker. His in -laws asked He Xingfu to return the gift. He Xingfu's mother said that since the divorce proposed by the man, the gift would not be retreated. Assuming He Xingxin's divorce, who wouldn't hesitate to retreat? Judge interpretation

In ancient China, "men and women have no media and do not see each other." Usually the man pays a certain amount of money and other items in accordance with local customs as an advance agreement on marriage, commonly known as "colorful gifts". From the perspective of legal relations, the receiving gift is a voluntary gift from both men and women or their relatives. This gift is protected by law. But receiving colorful gifts is different from general gifts and belongs to the legal behavior.

Article 661 of the Civil Code of my country stipulates that gifts may attach obligations. If the gifted obligations shall fulfill their obligations in accordance with the agreement. The "Supreme Court's Explanation of the Code of the Civil Code" for marriage and family editing (1) stipulates that the party's request to return to the color gift paid in accordance with the custom, if it is found that it is the following circumstances, the people's court shall support it: (1) Both parties are both parties. The marriage registration procedures are not completed; (2) the two parties go through the marriage registration procedures but do not live together;

In the play, after He Xingfu returned to the door after the wedding, He Xingqi insisted that He Xing had to say a saying about the "marriage trouble" incident. If the two parties agree to divorce, but the refund of the gift cannot be reached to the court, the court will generally consider whether the two parties will be married, whether the wedding and fertility will be combined, the amount of the color gift, the long time of the two parties, and the reasonable life during the common life period Factors such as expenditure and the degree of fault of both parties shall be determined to return the specific amount of the color gift.

Supply: Chaoyang Court

Edit: Mai Haomin Wang Xi

- END -