"Xiao Min's Home" Those legal matters outside the home
□ Takaiwa Rock
The hit drama "Xiaomi's Family" recently ended. The drama tells the story of Liu Xiaomin's family's joys, sorrows and sorrows.
The play includes the romantic love of middle-aged people and the complex life of a remarried family. It describes the emotions and lives of three generations. Although there are love entanglements that are constantly cut and chaotic, the whole play is not full of anger and hatred. Instead, it is full of romance and warmth, shining with the light of humanity.
While the plot is advancing, the characters in the play also encounter life "trap" many times, reminding us to be cautious in real life, so as not to bring unnecessary trouble to life.
In this issue of [Following Drama and Learning the Law], let us examine the legal issues behind the classic scenes in "Xiao Min's Home".
Scene 1: Liu Xiaomin's son Jin Jiajun went to an Internet cafe to apply for a game sparring practice in order to help his father pay off his debts.
The "third brother" of the network management appreciated him very much and promised to give Jin Jiajun 50,000 yuan after playing sparring.
But after Jin Jiajun completed the agreed task, the "third brother" disappeared without a trace.
In real life, how to avoid such part-time traps?
For students, especially college students, part-time work is a relatively common phenomenon, but there are many traps behind it, such as paying registration fees, clothing fees, deposits first, and even engaging in illegal activities.
Because the labor dispute between the two parties is based on evidence, although the two parties have made a verbal agreement, once the other party denies or disappears, the worker will be very passive.
Therefore, when working part-time, you must sign a written agreement with the other party, at least fix the oral agreement in the form of audio recording, and accurately grasp the identity information of the other party, so as to effectively protect your legal rights and interests in the future.
Scenario 2: Hong Wei, the owner of a private enterprise, was arrested and prosecuted according to law on suspicion of misappropriation of funds, tax evasion and other economic crimes.
So are private business owners free to use their company's funds at will?
my country's Criminal Law stipulates that the crime of misappropriation of funds refers to the staff members of companies, enterprises or other units taking advantage of their positions to misappropriate the funds of their own units for personal use or loan them to others, and the amount is relatively large and has not been repaid for more than 3 months, or is Not more than 3 months, but the amount is relatively large, for profit-making activities, or for illegal activities.
Therefore, in a company enterprise, even the directors, managers or other investors of the company cannot misappropriate the property of the company, because the property of the company belongs to the property of the legal person and is independent, so the owner of the company cannot use the funds of his own company casually. It needs to go through legal procedures and be truthfully recorded.
Hong Wei's private misappropriation of company funds has violated the relevant provisions of the Criminal Law, and should be convicted and sentenced according to law.
Scene 3: Li Ping visits her husband Hong Wei in prison. Hong Wei tells a secret: after he and Li Ping got married, they had a one-night stand abroad and gave birth to a son, who is now 4 years old.
Does Hong Wei, who cheated on marriage and gave birth to another child, constitute a bigamy crime?
The Criminal Law stipulates that a person who has a spouse and bigamy, or who knows that another person has a spouse and gets married to him, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
To define the crime of bigamy, having children is not a necessary condition. The key is whether there is an act of bigamy, that is, a person who has a spouse married another person, or married someone who knew that he had a spouse.
According to the relevant judicial interpretations, a person who has a spouse and another person living together in the name of husband and wife, or knowing that another person has a spouse and living together in the name of husband and wife, should still be convicted and punished as the crime of bigamy.
Since Hong Wei had a one-night stand with someone and gave birth to a child, and did not live together continuously and stably in the name of husband and wife, it did not constitute a crime of bigamy.
However, because Hong Wei has seriously violated the duty of loyalty between husband and wife, Li Ping can request for damages because Hong Wei "has other major faults" during the divorce.
Scene 4: Hong Wei was sentenced to 4 years in prison for embezzling funds, and Li Ping asked him for a divorce.
What is the procedure for filing a divorce against a prisoner who is serving a sentence?
If the prisoner agrees to divorce and reach an agreement on matters such as child support and property division, a divorce agreement can be signed.
Because the prisoners are in custody, the marriage registration authority needs the cooperation of the prison in investigation and evidence collection.
If the prisoner does not agree to the divorce, a civil lawsuit will need to be brought against the prisoner.
According to the Civil Procedure Law, a lawsuit brought against an imprisoned person shall be under the jurisdiction of the people's court at the place where the plaintiff is located; if the plaintiff's place of residence is inconsistent with his habitual residence, the case shall be under the jurisdiction of the people's court at the place where the plaintiff's habitual residence is located.
Courts may be held in prisons or remotely via video.
Scene 5: Liu Xiaomin's sister Liu Xiaojie was reluctant to have children after marriage, so her husband Xu Zheng asked Liu Xiaojie for annual leave, locked her at home, and forced her to take pregnancy medicine.
How to characterize Xu Zheng's behavior?
The Criminal Law stipulates that illegal detention is the act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods.
Xu Zheng's behavior is illegal detention.
Of course, not all illegal detention will constitute a crime, and a comprehensive analysis should be made based on factors such as the severity of the circumstances, the size of the harm, the motivation and purpose, and the time of detention.
In judicial practice, any of the following circumstances shall be treated as a crime: (1) State functionaries abuse their powers, illegally detain innocent people, and cause bad influence: (2) Illegal detention of others, and the implementation of binding, beating, insulting (3) illegally detaining a large number of others for many times, or illegally detaining many people, or illegally detaining them for a long time; (4) illegally detaining others, causing serious injury, death, mental disorder or suicide: (5) illegal detention Detention and other serious consequences.
From the plot point of view, Xu Zheng's behavior has not constituted a crime, but he can be punished in accordance with the Public Security Administration Punishment Law. At the same time, Liu Xiaojie can also file a civil lawsuit for damages.
(Author: People's Procuratorate of Quanshan District, Xuzhou City, Jiangsu Province)