Opinions 丨 The husband's wife's wife sued the divorce and was approved by the lawyer: not because the man might not care, he deprived the woman's right to marry freedom.

Recently, a divorce case tried by the Nantong Rudong County Court of Jiangsu has caused heated discussion among netizens. The husband became a plant man because of a traffic accident. In the following four years, his wife was physically and mentally exhausted to treat her husband and support her family. She decided to file a divorce lawsuit. Essence

↑ Screenshot of WeChat public account of Nantong Intermediate People's Court

Some netizens believe that on the one hand, husbands and wives should support each other and abandon each other, and on the other hand, they face specific realistic dilemma. The court supports divorce with emotional rupture, which seems to have a conflict between legal and morality.

In response to this case, Zhang Jing, deputy director of the Marriage and Family Professional Committee of the Beijing Law Association and the deputy director of the Beijing Liang Gao Law Firm, said that the husband and wife did have the obligation to support each other, but this assistance is not eternal, absolutely absolutely , Even to limit the other party's personal freedom and divorce freedom. "Freedom of marriage includes the freedom of divorce. It cannot be deprived of the woman's right to marry freedom because no one can care about it. Instead, it is under the premise of proper arrangements, such as giving certain positive help in life, and then balance each balance of various balances. Fang's demand and rights. "

【Case】

Husband has become a vegetative for 4 years

Wife who is tired of physical and mental prosecution to divorce

According to the public account of the Nantong Intermediate People's Court, in 2015, Cao Yu and Ye Fan gave birth to a son after marriage. In July 2018, a traffic accident in her husband Cao Yu became a vegetative. The whole family consumed Cao Yu's treatment, and raised her debt to relatives and friends.

Ye Fan, who made money alone, was exhausted in physical and mental, and gradually gave up the idea of ​​divorce. Due to Cao Yu's serious injuries and no capacity for civil behavior, he could not go through the divorce procedures through the Civil Affairs Bureau. Ye Fan filed a divorce lawsuit to the court. During the trial of the case, the in -laws stated that they did not oppose the divorce request proposed by the daughter -in -law, but they could not bear to replace the consent of the unconscious son, hoping that the court would judge according to law. Ye Fan took the initiative to express his willingness to pay the husband every month, and agreed to take care of his son's grandparents, and bear all the support for his son.

The court held that the man was seriously injured due to a traffic accident. He has been in a state of survival of plants. The husband and wife cannot communicate, and the life name of the husband and wife died, causing the husband and wife to completely break the relationship.

Regarding the plaintiff's support for the defendant's husband and wife and the child's support, the plaintiff and the defendant's legal agent, the defendant's parents, reached an agreement after negotiation and did not violate the laws and regulations.

【statement】

1. The case is a person with no capacity for civil behavior, and the divorce can be handled through the court

Once the case was released, it caused heated discussions. The particularity of this divorce case is that one party is a plant person and is a person without civil behavior. How can parents claim?

Marriage and Family Lawyer, Liu Jiajia, a lawyer at the Longan (Shenzhen) Law Firm from Beijing (Shenzhen) Law Firm, told Red Star Journalists that first of all, it is not possible to divorce in this case. The intention is that plants cannot make an expression, and it is even more impossible to sign a written divorce agreement. Secondly, if you apply for marriage or divorce in the marriage registration authority, you must review whether the parties have the ability to have civil behavior, whether they are voluntarily married/divorced, and the vegetatives cannot do it in procedures.

Regarding the divorce case of people without civil abilities, Zhang Jing, deputy director of the Beijing Law Association's Marriage and Family Professional Committee and deputy director of Beijing Lianggao Law Firm, told Hongxing Journalists that his guardian could lawsuit on behalf of him. "The other party is the plaintiff In the case, his guardian replaced him as the defendant; if they wanted to prosecute, his guardian could sue the defendant to divorce as the plaintiff, but whether it was the plaintiff or the defendant, he had to prosecute the divorce through the court. "

Red Star reporter noticed that at the end of the case announced by the Rudong County Court of Nantong, Jiangsu, the judge stated that the "Civil Code" stipulated that adults who could not identify their actions were those who had no capacity for civil act. Legal behavior. The guardian who has no ability of civil behavior and a person who restricts civil behavior is its legal agent. Due to the divorce dispute in this case, the defendant's spouse could not participate in the lawsuit as a legal agent.

2. Conflict between jurisprudence and morality: If you get married

In such divorce cases, the focus of the netizens' hot discussions is that on the one hand, husband and wife should support each other and give up; on the other hand, they face specific realistic dilemma. The court supports divorce with emotional rupture. Morality has formed a conflict.

Liu Jiajia did not think there was a conflict between this. She said that she had the obligation to support each other, but this was limited to the period of marriage. At the same time, the law also protects the freedom of the marriage relationship of individual divorce. "If someone thinks that a marriage is married, it is necessary to protect the old and sick of the other party, which is a moral abduction."

Zhang Jing also believes that the reason why the law supports the woman's divorce is based on the principle of marriage freedom determined in the marriage system. "Freedom of marriage includes freedom of marriage and freedom of divorce. , Even deprived the woman's right to marry freedom, so the woman filed a divorce, she had the right to freedom in this regard. "Because the woman proposed a divorce, there may be a situation where the man was unmanned. How can this problem be solved? Zhang Jing emphasized that it is not because the man may not be in charge, and deprives the woman's right to marry freedom. "Under any circumstances, it is not possible. Unless there are prohibited regulations at some special stages, such as the woman, the woman's body During pregnancy and lactation, the man had no right to prosecute, but it was still there after this period. "

Zhang Jing also said that the Civil Code stipulates that when the divorce economy helps -when divorce, if one party has difficulty in life, the other party with a burden should give appropriate help. "The other party unfortunately became a vegetative, at least one requirement for the woman was to make a proper and proper arrangement for the man's future life, that is, you can't ignore him and ignore him. Make some necessary arrangements. "

Regarding the reason that the law stipulates that "the emotional rupture" is used to support divorce, Zhang Jing admits that there will be a conflict between law and emotion in the middle. The care and support of the partner, in the provisions of the law, does have the obligation to support each other between husband and wife, but this assistance is not eternal and absolute, and even to limit the personal freedom and divorce freedom of the other side. It is on the premise of making proper arrangements, such as giving a certain positive help in life, and then balance the demands and rights of all parties. Although the rights of the disadvantaged party need to be guaranteed, they must not become the right to deprive the strong party's rights because of this Express, so the judge needs to seek balance in the middle. "

Red Star News reporter Rodini

Edit Yu Dongmei Zhang Li

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