In real life, a lot of marriage and family cases encounter a third party intervention, resulting in a lot of family disharmony and unstable factors, family harmony and stability, is a prerequisite for social harmony and stability, if the family is not harmonious and stable then the society is difficult to ensure harmony and stability. In this case, there are a lot of legal issues we can't get around, after all, the emergence of a third party will be involved in what legal issues?
Article 2 of the supreme people's court's interpretation of several issues concerning the application of the marriage law of the People's Republic of China stipulates that the cohabitation of a spouse with another person refers to the cohabitation of a spouse with the opposite sex outside marriage, not in the name of husband and wife, but in a continuous and stable way. Person who has a spouse living together with others and extramarital affairs, infidelity, an affair main difference lies in whether a sustained, stable live together this plot, the plot is for person who has a spouse living together with others must be sustained, stable live together, rather than occasionally, temporary, temporary living together, and it is often said of extramarital affairs, infidelity, an affair, they generally are occasionally have sex, does not have sustained, stable live together this requirement.
According to article sixty-four of the civil procedure law in our country, put forward by the parties for their claims, have the responsibility to provide evidence, at the same time, the interpretation of article ninety of the civil procedure law, the parties to the proposed claim is based on facts or refute the facts, which is the basis of the other claims shall provide evidence to prove it, except as otherwise provided by law. If, before the judgment is rendered, the party concerned fails to provide evidence or the evidence is insufficient to prove his claim, the party bearing the burden of proof shall bear the adverse consequences. The form that can take stealthily take stealthily record, but the procedure of evidence collection needs legal.
The law is to do not stipulate a party to cheat, without fault party can ask the other party clean body to leave the house or divide, little cent property, when the court is trying a case, can undertake balancing to the right of both sides, won't because a party has cheat, will its to death. So when one party has a third party, in the divorce, his property rights are still protected.
According to the regulation of our country "marriage law" article 46, one party is under any of the following circumstances, the no-fault party may claim compensation for mental damage, one is bigamy, 2 it is to have a spouse living together with others, three is the implementation of domestic violence, four is abused abandoned family members, according to the provisions of article 17 of marriage law judicial interpretation of three, marriage, both sides have the circumstances specified in article 46 of the above, a party of compensation for mental injury claims, the people's court shall not support. So the extramarital affair reached the point where the spouse lived with someone else to claim damages.
According to the provisions of article 257 of the criminal law of China on the crime of bigamy, a person who commits bigamy because he has a spouse, or knowingly marries another person who has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. The so-called spouse refers to a man who has a wife and a woman who has a husband, and this relationship has not been dissolved by law and legal procedures and is still alive. If the husband and wife relationship has been dissolved, or the husband and wife relationship naturally dissolved due to the death of one of the spouses, the person who has a spouse is not a person. The so-called knowing another person to have a spouse and marry it, is to point to oneself although do not have a spouse, but knowing that the other party has a spouse to marry it intentionally, the marriage here includes registration marriage and actual marriage. So we say that cheating, one night stand, extramarital affairs is not constitute bigamy crime, is not constitute, because he is a criminal offense, the requirements are very high.
According to article 2 of the anti-domestic violence law of the People's Republic of China, domestic violence as mentioned in this law refers to ACTS of physical and mental harm among family members by beating, binding, mutilating, restricting personal freedom, as well as regular invections and threats. Article 16. Where domestic violence is relatively minor and no administrative punishment for public security is given according to law, the public security organ shall criticize and educate the offender or issue a warning to the offender. What's a warning? It can be used as evidence. Article 23. When a party concerned applies to a people's court for a writ of habeas corpus because he has suffered domestic violence and is facing a real danger of violence, the people's court shall accept the application. Therefore, it is suggested that as long as you encounter domestic violence, you must timely use public power to ensure your safety, but also to retain effective evidence.