Method of compensation for divorce damage evidence collection

Abstract: This paper introduces a method of compensation for divorce damage evidence collected at the time of divorce, the innocent party may claim damages, but must provide evidence. So how to mobile phone divorce damages evidence?What things can be used as evidence of the divorce, provides four methods of divorce damage compensation evidence of mobile phone.

Recommended reading:

Talk about a divorce damage compensation problem

An analysis of the system of compensation for divorce damage

First, fixed and volatile evidence

For mobile phone message content, a party to the marriage and having an affair with e-mail, computer blog diary,QQChat records, should shall entrust the public department for such evidence as to fixed treatment if possible. The condition does not permit should also try to save their fixed, mobile phone text messages can be attached to a mobile phone with a digital camera, computer and network data can capture the full screen save.

Second, the evidence collected words

　　1A party in the marriage an affair behavior suddenly exposed the initial, due to the face, so he said written or repentance "confession", "his book", "guarantee", "agreement" in the form of text materials;

　　2Marriage a whoring prostitute, flow, promiscuous, persistent real date, illegal cohabitation acts, the police intervention treatment notes;

　　3Unit found a party for marriage prostitution event, an affair behavior, there might be when the decision documents;

　　4Documentary evidence material insider or that is having an affair with the marriage or cohabitation related events written.

Third, acquisition of visual evidence

　　1Both husband and wife is having an affair with the marriage related representations of sound recording, it mainly by the stealing book acquisition;

　　2A party to the marriage and third in pairs, to embrace or out of the room behavior such as videos and photos in a public place, the evidence material to entrust the third party survey firm private detective agency acquisition, is more safe and reliable and independent evidence effect.

Fourth, the evidence collection

In the bed ZhuoGan gathering evidence, it is best to shoot the video to illustrate the problem. The recording, video, CD, film and reflect the image and sound, and computer storage of the material to prove the truth of cases evidence that audio-visual material evidence with intuitive. Whether the video or recording, are generally the parties or other related witness direct expression, especially for the parties in a divorce case in the readme, can often be identified as admission, once the reaction in the sound recording or video material, if want to overturn the parties, and shall be presumed name. Therefore, this kind of evidence that stronger.

As for who take the record collection of legitimacy of evidence, mainly to see the evidence is a violation of the legitimate rights and interests of others or in violation of the provisions of the law. In order to obtain evidence into the third house is tort, of course, the evidence does not have legitimacy;But if in their own home forensics, there is no such problem. Put the recording equipment in your home, do not form tort;But if it is placed in the third bedroom or office, it will not have the legitimacy. Obtained illegally in third people two people living in the intimate photos would not have legitimacy;But if it is in the public places for one of two pictures of intimacy, it is legal. The law prohibits the sale of eavesdropping equipment available evidence would not have legitimacy, because collecting evidence means not legitimate.

Fifth, identification

Appraisal conclusion is identified with the qualification of expert witnesses to use their own professional knowledge, according to the evidence submitted by the parties for material, do the analysis, identification conclusion in view of the special problems. Marriage case, common appraisal conclusion: disability certificate, certificate of diagnosis, mental status, proof of paternity identification conclusion, housing prices assessment report. To disable the diagnosis of hospital certificate and proof, mainly apply to family violence cases. Mental condition proof of identification, mainly appear in a party does not have full civil capacity or limited civil act's. And paternity, mainly appear in a party for children and their blood relations have commissioned by the court in case of doubt, can also be unilateral entrusted lawyer identification. Generally the result will come out in about two weeks, the accurate rate was ninety-nine point nine nine percent. Appraisal conclusion is a kind of evidence in court are more likely to.

 

How to request compensation for divorce when the guilty party

A condition, divorce damage compensation

1A spouse, must have the fault behavior legally, it is a necessary premise of divorce damage compensation. "Marriage law" article46Stipulates: "any of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:(A)Bigamy(Two)A person who has a spouse living together with others(Three)The implementation of the family violence(Four)Abuse, abandonment of family members. Visible, the no fault party this right and other rights, is relative, conditional, only to meet one of the above four provisions of the law, the no fault party can bring a damage, removal of four of the above provisions, other fault behavior such as adultery, prostitution, prostitution, gambling, drug, can't be the legal reason of divorce damage compensation.

2The couple, the other party has no fault. If both parties are at fault, such as their own and others bigamy, or together with others, or abandoned, maltreatment of family members, either party can not to the other party is at fault for the damage.

　　3, there must be a causal relationship between fault activity and damage. One is owing to the fault of one party to the no fault party spirit, spiritual damage;The two is a must for fault led to the breakdown of her marriage;

　　4The fault, subjective fault must have, not to their own ignorance and shirk.

　　5, divorce fault compensation, divorce is the necessary condition to party. If the parties failed to divorce even filed a lawsuit, the no fault party can not get the compensation for divorce damage.

Two, divorce damage compensation

As a legal system, to achieve, must be carried out in accordance with the law

　　1.Must by no fault party the request for damages, as for the no fault party divorce fault compensation time, according to the "marriage law" interpretation(A)The relevant provisions in the divorce, must be brought together, meet the "marriage law" article46The provisions of the no fault party as the defendant's divorce case, if the defendant does not agree to divorce is not based on the provisions of the filed a request for damages, can be in after the divorce1Years bring a separate lawsuit. The no fault party as the defendant's divorce case, the trial the defendant not based on "marriage law" article46Provisions of the request for damages, the court of the second instance trial period, shall conduct conciliation, mediation is not successful, inform the parties in a divorce1Years be prosecuted.

　　2.Must be at fault leading to marriage breakdown spouses filed, is only effective marriage relationship and the no fault party personnel is the obligation subject, like the others and has a spouse bigamy, cohabitation, does not belong to the compensation duty main body.

　　3.Must be filed at the time of divorce, divorce is filed to the premise of the existence. No divorce, the innocent party can not be marital divorce fault compensation;After the divorce, divorce damage compensation is not without fault.

　　4.The divorce damage compensation, is applied to the divorce agreement, also applied in divorce proceedings.

　　5.The divorce damage compensation, including material compensation, including compensation for mental damage. For determining the amount of the law, no specific provisions, the general should consider the degree of fault, the actual loss, and the two sides of the financial resources and future needs, age, status of family obligations to pay, the ability to earn a living, the local general standard of compensation and other factors to determine the. Should be borne by the innocent party of personal property, can not be borne by the common property, should be a one-time payment, if there are difficulties a one-time payment, can also installment, the no fault party can request payment guarantee execution of fault.

Divorce damage compensation system and the joint property of husband and wife segmentation should be "two independent legal system of marriage law" the principle of protecting the innocent party, nature is not the same, we can not because of the new "marriage law" is the former, the latter is the negation of, this is wrong. The establishment of the divorce fault compensation system, proved that the marriage system of our country tends to be more perfect, to punish the fault marriage parties, maintaining the harmonious marriage and family relationship, To realize social equity, have important realistic meaning.

Claim compensation for the damage situation are there? The no fault party in liability to compensate the other party for the damage should have what precautions?

According to the "marriage law" forty-sixth stipulates: "any of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:(A)Bigamy(Two)A person who has a spouse living together with others(Three)The implementation of the family violence(Four)Abuse, abandonment of family members. There is one of these types of situations, the no fault party can request compensation for damage in the proceedings."

Divorce is to resolve the case by case, according to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(A)The provisions of article twenty-ninth, "the subject of liability forty-sixth marriage law stipulates the damages, no fault divorce litigants in spouse. The people's court not divorce cases, the parties based on the "marriage law" forty-sixth article of the request for damages, not to support. During the marriage, the parties do not sue divorce separately according to the provisions for damages claim, the people's court shall not accept the."

According to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(A)The provisions of article thirtieth, "the people's court accepts the divorce cases, should the provisions of the marriage law of forty-sixth, the relevant rights and obligations, inform the parties in writing. In applying the "marriage law" forty-sixth article, we should distinguish the different situation: (A)Meet the innocent party "marriage law" provisions of article forty-sixth of the regulations of this article based on the plaintiff to the people's court for damages in divorce proceedings, must put forward at the same time.(Two)Meet the innocent party "marriage law" forty-sixth stipulation as the defendant's divorce proceedings, if the accused does not agree to divorce is not based on the provisions of the filed a request for damages, can be in within one year after the divorce will bring a separate lawsuit.(Three)The no fault party as the defendant's divorce proceedings, when the first trial the defendant not based on "marriage law" provisions of article forty-sixth of the request for damages, the people's Court of second instance, shall conduct conciliation, mediation is not successful, inform the parties shall be prosecuted in within one year after the divorce."

Divorce is the registration agreement divorce in the marriage, according to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(Two)The provisions of article twenty-seventh, "the parties in the marriage registration office for divorce registration formalities, to the people's court to the request for damages to forty-sixth of the marriage law stipulates that, the people's court shall accept. But the parties in the divorce agreement has been explicitly waives the request, or put in the divorce registration after a year, does not support."

The cases of compensation for divorce damage Divorce parties additional

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For the conjugal debt debt identified during the existence of marriage, can perform the joint property of husband and wife. When the common property from a debtor spouse accounts sometimes, can add their spouses as the enforced.

[index] case

Tanghe County of Henan Province, the people's court verdict2010.Tang law hold No.154-1No.2010Years7Month8Day)

[case]

The person applying for enforcement, Wang Zhenhuan Wang Qunfeng.

The execution of Wang Hongwei.

The execution of Fangcheng county highway management bureau.

Third Sun Xiuxia.

　　2004Years8Month, is related to the implementation of pavement people Fangcheng County Highway Administration on the Fangtang Road area for repair, tickets at bridge of Zhuang Yinan a section of road, dug a0.04X9X5.6mPit size, near the pit no warning signs and safety measures.2004Years9Month5Day, whom Wang Hongwei driving small ordinary passenger cars driving the pits, caused by vehicle direction control, Wang Hongwei dodge oncoming vehicle crashed into a roadside poplar tree, causing the vehicle rollover, passengers Chen Jinting thrown carriage, died on the spot, the car Wang Qun peak, Chen Zhaojun injured, the damage to the vehicle. Full responsibility for the accident made Wang Hongwei traffic police brigade of the accident, that passengers not negative accident responsibility. The person applying for enforcement after Wang Qunfeng was injured in hospital, after identification, the degree of disability as a grade. Therefore, the applicant for execution to the court, the request is executive compensation for economic losses742671.4Element.

Fangcheng County People's court2007Years6Month17Make2007.Fang min Chu Zi No.74Civil judgement, decision Wang Hongwei compensation execution applicant economic losses616441.4Yuan60%, deducting pay6Million, the remaining309864.84Element;Fangcheng County Highway Administration Compensation for economic losses40%.

After the verdict, the person applying for enforcement and executed per capita judgment, appeal, Nanyang City Intermediate People's court rejected the appeal, upheld the original verdict.

　　2007Years12Month27On the enforcement applicant to apply to the court for enforcement of Fangcheng county,2008Years6Month25The day the person applying for enforcement for promotions executive Wang Qunfeng, Nanyang City Intermediate People's court appointed Tanghe County Court in this case.

Tanghe County Court in the implementation process, freezing the outsider Sun Xiuxia bank deposits.2010Years4Month18Day, Sun Xiuxia put forward the objection, saying it was not a party to the case.

After review, Wang Hongwei and Sun Xiuxia to the case1990Years3Month8On the registration of marriage, both during the existence of marriage, to purchase from the housing units in a Sun Xiuxia unit.2007Years12Month9Both sides in the Civil Affairs Department, the divorce agreement. The divorce agreement shows: the voluntary divorce, the purchase of housing units to all the woman, the two sides without common in debt. During the existence of marriage has no other property, no deposit, no common debts. The respective claims of debt by their respective etc..

 

[out]

Tanghe County People's court think, whom Wang Hongwei is responsible for the case of traffic accident damages, although with his wife divorce agreement, and the joint property of husband and wife consultations to the objection of all people, but two people divorce after the accident. According to the relevant provisions of the marriage law of the correlation, negative for couples living together at the time of divorce debts, shall jointly repay. Divorce agreement has been on the joint property of husband and wife segmentation processing, the creditor shall have the right to claim the rights to both men and women the conjugal debt. Therefore, the court dismissed the objection Tanghe Sun Xiuxia's objection to the application, and additional Sun Xiuxia for the execution, commitment to Wang Hongwei309864.84Yuan compensation negative common obligations.

[comments]

An additional debtor spouse, the legal basis of the person to be enforced.

The conjugal debt repayment should be the joint property of husband and wife, this is to reflect the principle of the relationship between civil rights, obligations in marriage and family relations. At the same time, the Supreme People's Court on Issues Concerning Application of "marriage law of the PRC" explanation(Two)The provisions of article twenty-third, the creditor of a party before marriage the negative personal debt to the debtor's spouse to claim, the people's court shall not support. But the creditor is able to prove that the debt except for family life together. The provisions of article twenty-fourth, creditors during the marriage, the couple on the name of one of the debt claim rights, shall be handled according to the conjugal debt. But one of the spouses can prove that the creditor and the debtor has explicitly agreed to personal debt, or can prove that belong to the nineteenth marriage law provisions of the third paragraph situation except. Although these Provisions are made for trial procedure of conjugal debt entity responsibility explanation, rather than the additional changes directly based on the parties, but it is a legal basis for the execution on the basis of res judicata effect of expansion of the treatment principles of these entities, the court may decide to add change accordingly substantive regulations enforced.

The Supreme People's Court on the implementation of "change and addition of certain provisions of the parties(The draft)"The second stipulation: executive basis to determine the debt of matrimonial debt, the debtor's spouse;Execution is established on the basis of the divorce their spouses, should bear the obligations in accordance with law spouse;Can be in the implementation process is the additional changes to the person subjected to execution. Rule fourth: during the existence of marriage debt, in addition to legal instruments to determine the personal debt, presumed to be the common debts, can perform the joint property of husband and wife. Common property by a debtor spouse accounts sometimes, can add their spouses as the enforced. This fully shows that the person to be enforced spouse can directly add and change to the person subjected to execution. So the original intention of the legislation is to avoid the couple deliberately to divorce division of property to evade the debt obligations, does not cause any agreement on the property between husband and wife and weaken the other creditors of the realization of the creditor's rights.

In this case, the execution of Wang Hongwei at the time of divorce, both husband and wife marital debt settlement agreement, the agreement of both husband and wife internal agreement, only for couples binding. But creditors as non divorce cases where, in the process of divorce are generally not debt sharing an intention, claims and liabilities between the creditor and the divorce relationship between the parties, in accordance with the relevant provisions of the obligation law can only be. "Contract law" provisions of article eighty-fourth, "the contract in whole or in part to third person, shall be subject to the consent of the creditor", therefore, the natural can not accept the divorce parties on debt sharing decisions, i.e. without debt sharing decision constraints. The implementation process in the common debts of the former couple, add the other party is the executor, is the principal debt recovery have changed into debt sharing state before, the creditor's rights are fully protected. Obviously, in this case, the court ultimately supplementing executed Wang Hongwei wife Sun Xiuxia is the person to be enforced is a sufficient legal basis.

Because there is no effective method to false divorce by marriage to evade debts, if the entry into force in accordance with the procedure for trial supervision divorce case retrial, not only reduces the people's court's prestige, the waste of judicial resources, but also greatly increase the judicial lawsuit burden. Therefore, in the implementation process, implementation of the joint debtor addition, so that the debtor can escape creditor recovery requirements, difficult to escape the enforcement court, thereby blocking the marriage legislation of Matrimonial community debt sharing vulnerability.

 

Two, additional couple the other party is the execution of the program.

In the implementation process, when the additional execution grounds, in what a way to start an execution program, there are two kinds of viewpoints in the theory circle and practice circle: a kind of viewpoint thinks, the executing agency to supplementing executed people must have the request of the parties concerned, the reason is the applicant has the right to own civil rights disposition, he does not propose additional application, the applicant shall be limited only by the means of execution according to the specified obligations, he actually gave up in connection with the case of obligations of the subject. Another view, the application should not be used as actuator supplementing executed a prerequisite for human. They think that as long as the execution process of execution subject additional reason, enforcement agencies should actively according to the power supplementing executed object.

The author thinks that the effective legal document, is a national public power final confirmation of private debt, realize the effective legal instruments to determine the creditor's rights is to maintain an important embodiment of judicial authority. The creditor to the court for compulsory execution has shown that creditors take the national compelling force to safeguard the realization of their rights will. As long as the applicant did not apply for withdrawal of execution, so in addition to the debtor voluntarily fulfill debt, to enforce the implementation of effective legal instruments to determine content has become the court compulsory execution. If the applicant for a waiver of liability of husband and wife the other party's claim, then the person to be enforced couple the other party shall bear the share of the debt does not bear joint and several liability. But if the applicant has to give up the additional execution right, then the applicant has the right to interfere in the court enforcement of legal instruments of power according to law. Therefore, the author thinks, the court in the implementation process as long as the debt for the common debts between husband and wife, have the right to authority to append the couple the other party is the executor.

Supplementing executed object is the result of the expansion of the subjective scope of the executive force. In a broad sense, is to be executed to a change of the parties, is still exist in the subject of the original debt, because the law behavior legal reasons or outsider outsider, that will be appended to the execution of the program to perform together, and the subject of the original debt obligations established judgment to determine. The executive body of the additional to the corresponding legal basis, there is no legal basis can not be any additional. Although the Supreme People's Court on the application of the "PRC Civil Procedure Law" the provisions of a number of issues, the Supreme People's court "about the people's court for enforcement of regulations(Trial)"Several additional provisions of the subject of execution, but are not specific provisions shall apply, at what stage in how to apply, led by the executive body around the court in practice is not a supplement. Therefore, the author suggests, should publish corresponding laws and regulations or the judicial interpretation as soon as possible, in order to improve the execution procedures, norms in the implementation of the court acts, protect the legitimate rights of the parties.

Keep a mistress is not guilty of bigamy?

Keep a mistress is not guilty of bigamy?

"Packet kept woman" is an affair quite serious affair, love, marriage also, one night stand, prostitution is, and colleagues have no regular dating, ambiguous relationship between lovers is. Keep a mistress is a long-term, stable and married foreigners living in, this is a very serious.

"Packet kept woman" and bigamy is different. Some said he had the child, how can it not bigamy?Even a kept woman have the illegitimate child, this is not the crime of bigamy. Because the provisions of bigamy laws must be based on the name of husband and wife long-term, stable living, there are economic ties, life care, at the same time the surrounding friends, colleagues, neighbors mistakenly think that they are husband and wife. In this case, would make him the husband constitute bigamy.

Then the mistress, the mistress son also does not necessarily reach others family constitutes the crime of bigamy. If she is being "kept woman" or "three milk", the law she is knowingly or intentionally. Because some are deceived, she is not aware of this man has a family, not on the subjective malicious, unknowingly, she also does not constitute the crime of bigamy.

Bigamy, should pay attention to the following questions:One is the crime of bigamy is the two marriage of coincidence, the behavior of people first and a de facto marriage, in fact lifted the fact marriage after the marriage registration, and others or the formation of de facto marriage, does not constitute the crime of bigamy. Two because of natural disasters, outflow living again, because spouses go out for a long time One's whereabouts is a mystery., causing serious difficulties in family life, and with others married, due to the forced, arranged marriage or after marriage because of abuse flight bigamy, abducted after remarriage, these cases are due to objective conditions or reasons forced, don't expect people not to implement the bigamy, the actor has no subjective fault, it should not be the crime of bigamy crime. Three is already registered for marriage but not together, or during a divorce, the legal relationship between husband and wife have been or still exists, when one party or both parties and the third party registration of marriage or de facto marriage to bigamy crime.

Bigamy crime sentencing, should mainly consider effects of bigamy means, motive, social influence and the parties, and combining the history in china. In a crime shall be prosecuted for criminal responsibility according to law. At the same time, should be declared have formed the illegal marriage.

"Interpretation of the Supreme People's Court on certain issues concerning the application of the people's Republic of China Marriage Law ''(A)"(Law interpretation[2001]30No.)Rule fifth: "not according to the marriage law stipulates that the eighth to apply for marriage registration and live together as husband and wife sex, sue to the people's court for a divorce, should be treated differently:

　　(A1994Years2Month1Japanese Ministry of civil affairs "marriage registration regulations" promulgated before, both men and women have been in line with the substantial conditions of marriage, according to the factual marriage treatment;

　　(Two1994Years2Month1Japanese Ministry of civil affairs "marriage registration regulations" promulgated after, both men and women meet the substantial conditions of marriage, the people's court shall inform the re registration of marriage in the case before the acceptance;No re registration of marriage, by processing the cohabitation between." The Supreme People's Court on the judicial interpretation, to1994Years2Month1Japanese Ministry of civil affairs "marriage registration regulations" the promulgation and implementation of time as a "de facto marriage" and "illegal cohabitation" time limit, only lies in solving family dispute "in fact marriage" and "illegal cohabitation" Civil legal problems.

Remind female friends, should strengthen the protection of their awareness and prevention awareness, if the feeling is very good, should first apply for marriage, and other life together. Although want to let the other side be punished, but also to prove the defendant's criminal facts, evidence, otherwise, the other does not constitute the crime of bigamy, cohabitation and the two sides only.

Therefore, the most important is to collect evidence. Because the other side have families, they in order to deceive the way, let women mistakenly believe that each other without a spouse, and moved in together, and even the birth of a child. In this case, a hand to come up with evidence that the other party is a partner, this may require the Civil Affairs Department issued proof;On the other hand, to prove that the other party with the name of husband and wife living life, rely on themselves to collect evidence, can prove that the neighborhood, village committee. Otherwise, both sides only constitutes cohabitation, but does not constitute

Legal evidence of how to collect crime of bigamy

Introduction: legal evidence of how to collect crime of bigamy?Bigamy, is refers to a spouse and marriage with others behavior, sometimes also refers to the behavior caused by the illegal marriage. That is a partner and with others married or live together as husband and wife, or knowingly marries a person who has a spouse or live together as husband and wife act. The relevant knowledge to answer your questions of statutory evidence on how to collect the bigamy, by laws express network marriage law column group summary.

For bigamy divorce to the court, shall be submitted to the indictment. The complaint should contain the plaintiff and defendant, the basic situation, identity claims, facts and reasons etc.. Provide evidence including identity cards, marriage certificate, birth certificate, the children of the breakdown of marriage, the other evidence of wrongdoing evidence, evidence of the property. But in evidence collection process, will inevitably encounter difficulties, so that law express:

　　1 Don't act rashly and alert the enemy

Life once found a sign, and other people living in general, will be very angry, will be difficult to control their emotions, so they instead of shouting, but the results are often unsatisfactory, often run counter to one's desire. Angry, angry is totally should have the performance, but also can understand, but understand it is understood, in fact it is not good, you several noisy is difficult to play a substantive role.

　　2 Investigate openly and secretly their living places

In order to identify the most important point is the life of bigamy together with others, thus living place is very important, only to find the cohabitation of life place can have further marriage investigation.

　　3 Must with bigamy living places people around a good relationship

To determine whether really bigamy bigamy, depends on whether he takes husband and wife With others in the name of cohabitation, and these also need someone to give the approval, who recognized the best?Of course is in the vicinity of the living places with and there are always people coming and going!So these people(Approval)Is the important evidence is absolutely cannot lack. And want to let them speak, must do well the relations with them, how to do well the relationship, otherwise you will be very difficult to from their mouth pulled out of any value.

　　4 Persuade insider witness

　　5 Alarm, police should be investigated.