Luoyang criminal lawyer dui

China's marriage law stipulates that the party at fault in the marriage relationship can be required to compensate the innocent party for divorce damages. What are the faults that can claim damages? The faults that can claim compensation for divorce damages include bigamy, cohabitation of a spouse with others, domestic violence, abandonment, etc. The editor gives you a detailed introduction.

A fault in marriage that can be compensated by the wrongdoer;

1 bigamy

Bigamy refers to the act that a spouse marries another person, or marries another person knowing that he has a spouse. Although the marriage registration has not been handled, but the spouse lives with others in the name of husband and wife, outsiders think that it is husband and wife, which also constitutes bigamy. Bigamy is a serious violation of spouse's rights and a serious damage to monogamy.

In practice, there is often a misunderstanding that the crime of bigamy can only be investigated by private prosecution, that is, only when the victim actively investigates his criminal responsibility will the judicial organs accept it, but it is not. Bigamy is still quite responsible, which is the result of intermediary investigation by public security organs. Of course, in civil activities, especially in divorce cases, the responsibility of bigamy is not based on the determination of bigamy.

2. Spouses cohabit with others.

Cohabitation between spouses and others refers to the behavior that spouses and the opposite sex outside marriage live together continuously and stably in the name of husband and wife. Occasional and hidden extramarital sex is not included. In other words, although it may affect the relationship between husband and wife, and even eventually lead to the breakdown of the relationship between husband and wife, the fault party cannot be held liable for damages.

It is easy to cause controversy in judicial practice, that is, what is continuous and stable cohabitation, that is, what time period can be regarded as continuous and stable. In practice, generally speaking, people who have lived together for more than 3 months will be considered as having a spouse living with others. If you live together in the name of husband and wife, it may constitute bigamy, and the victim can investigate the responsibility of the wrong party for bigamy.

3. Domestic violence

Domestic violence refers to the behavior that the perpetrator causes certain harm to the body and spirit of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Persistent and frequent domestic violence constitutes abuse.

Therefore, the occasional fights and quarrels between husband and wife in daily life do not constitute domestic violence. Moreover, the accountability of domestic violence needs to cause certain harmful consequences.

4. Abuse and abandonment of family members

Abuse refers to the illegal act of discriminating, torturing and destroying spouse or other family members in the form of action or omission, causing them mental and physical harm. Such as abuse, intimidation, freezing hunger, illness, restriction of personal freedom, etc. Abandonment refers to the illegal behavior of one party who has the obligation to support, raise and support the other party who needs to support, raise and support.

Abuse and abandonment of family members are manifested as certain damage consequences. If the circumstances are bad, the corresponding criminal responsibility may be investigated.