This is what Laozi called "heaven" and "man" in Tao Te Ching.
In Lao Tzu's view, the sky is fair. There is a force in the world that will achieve a balance between strength and weakness. If you have too much money and too much power, you will suffer, just as if you have too much money, you will die, but you will not be rich for three generations after death. You have a wide network of people and a lot of property. If you don't know enough is enough, heaven will play a role.
Humanism is based on human selfishness and greed, and always relies on the strong to bully the weak. The strong and the group form powerful interests and oppress and plunder the weak. As the saying goes, the stronger the strong, the weaker the weak, which is called "Matthew effect" by foreign theories.
These two roads, one is "killing the rich to help the poor" and the other is "killing the poor to help the rich".
If we can understand these two ways, it will be of great help to solve divorce cases.
one
Marriage law couples have a property system, which tells us that no matter how much wealth a person creates after marriage, he will be divided in half by the other party when he divorces.
This is a paradise for marriage law to achieve equality between men and women.
If one party relies on his own ability to create wealth, does not cherish the marriage and acts recklessly outside, it will be difficult to maintain the marriage in the end. When divorced, the other party will get half of the property.
However, since the strong have the ability to create huge wealth, in the case of divorce, they certainly have the ability to protect their property, and they will not sit still and let the other party get the property at all costs.
This is the human nature between the strength of divorced couples.
The greater the strength gap between husband and wife, the more obvious the tendency of human nature.
When divorcing, only a few powerful people will clean up their homes, or give their main property to the weak and children so that they have no worries.
The logic of a more powerful person is, "all the property I have worked so hard to create, she doesn't deserve so much property." I have 2 billion yuan, but giving it to her and her children 1 billion is enough for them to live for a lifetime! I didn't put her in debt. 2 billion is not bad. The shareholders around me divorced one by one. They owe each other money and let their wives go out with the house. I am much better than them! "
The weak clearly know that the other party has a lot of property, but there is no clue, no evidence, and they can't afford the lawyer's fee. You have to divide his company's equity, either he will find someone to hold it on his behalf, or he has cleverly hollowed out the company's assets through false transactions and related party transactions. There are not only accounting firms and law firms behind him, but also people who are willing to make false certificates for him!
How can you fight with a housewife or a wage earner?
At this time, the weak are either wronged for glory or go out with a little property. When you get divorced, you are like a lost dog.
What I see in the eyes of such customers is helplessness, fear and trance. The oppression they suffered made them look like a depressed person. They want a decent divorce, but there is nothing they can do. They finally found the "savior", but they were afraid that the "savior" would be bought by the other party and hurt her together.
two
So, what paradise does divorce need? No justice, no humanity!
Sharing property equally is just a kind of heaven.
Everything in the world, causal cycle, and all mankind touch together, and heaven will appear. However, heaven can be realized under certain circumstances, and it is not necessarily true.
For example, in the case of a private consultant, the profits of an enterprise with an annual output of 50 million yuan were all hollowed out to the rear. Although the parties have made a lot of efforts, they have mastered the clues of the whereabouts of funds and job occupation. In the process of negotiation, the man also gave the woman a certain interest guarantee, but it is unfair compared with the output value of the enterprise for many years. But recently, the Commission for Discipline Inspection entered the industrial system, and one of the evidences of bribery happened to be in the hands of the woman.
This is one of the few divorce cases with criminal evidence this year.
People with great human feelings will eventually be condemned by heaven. This is the result of extreme greed and selfishness.
It can be said that the most profitable ways in China are written in the criminal law.
When handling cases, the Commission for Discipline Inspection often takes spouses and lovers as the breakthrough point.
Divorce itself is an important event to break the original balance of life, and the variables it brings cannot be underestimated.
The dispute over Kung Fu shares and Cai Dabiao's imprisonment are all due to the disharmony between husband and wife.
three
If a powerful person wants to keep his property, as long as he is willing to spend money, there will be many lawyers to help him deal with it, even seamlessly.
In this regard, the strong are willing to spend money
Because they know that everything has its price, he knows very well what 100 can and can't buy. They don't believe that they can do great things with little or no money!
It is not impossible for the weak to defeat the strong, but it is extremely difficult and needs to meet certain conditions.
The weak is weak not because he has no money, but because he has no strong culture and doesn't know the rules of the game between the strong.
Anything that doesn't follow the rules is impossible to succeed.
In divorce cases, these are the factors that make the weak unable to fight back:
Weak culture: I don't understand the thinking and behavior patterns of the strong.
Psychological fragility: No matter what happens, I will infinitely enlarge the ability of the strong and my own psychological shadow, and I don't believe that I can defeat the strong.
Doubt: Don't trust everyone around you, including those who can help him. She will also worry that she will be bought by the strong, framed at any time, and regard everyone as an imaginary enemy, which will eventually lead to no one willing to help him.
Inability to pay: Although the weak party saved some money, it was mainly not earned by her, but given by the strong. When the money is spent, it will be gone, and life will be more difficult in the future.
In addition to overcoming the above weaknesses, the weak also need the help of the strong to counterattack.
Generally speaking, the sources of help from the strong:
Have * * * interests with other powerful people, such as the division of property and the binding of lawyers' interests, and the alliance with other competitors, etc.
Have sex with other powerful people, but this relationship will not be very strong, cheating money and cheating in minutes. There was a divorce case before, and the client told me afterwards. If you couldn't handle it then, I almost recognized michel platini. Isn't heaven better than vagina? )
Have a first-degree kinship with other powerful people, and if you can add benefits, this relationship will be stronger.
Intervene in criminal justice departments such as the Commission for Discipline Inspection, public security and procuratorate.
spend freely
Lawyers play an important role between strong and weak divorced couples.
So, which side should lawyers work for?
In my opinion, no matter which side a lawyer works for, as long as he accepts the entrustment, he should do his best to safeguard the legitimate rights and interests of the client.
However, whether lawyers are heaven or humanity, the risks they take are different.
The main risk of interacting with the strong is to use illegal and criminal means in order to realize the illegitimate interests of the strong. For example, a lawyer recently instigated his client to forge debts and embezzle husband and wife's property, and was sentenced. In some cases, we also met the opposing lawyer who instigated the client to forge debts, but the case won, and our client didn't report it, otherwise it would suffer.
For the weak, we strive for legitimate interests, and the main risk comes from the revenge or inducement of the strong. Defeating the strong must be a life-and-death battle, especially when it is solved by criminal means. Legally, when the strong face defeat in the frontal battlefield, there are only two solutions, one is to threaten lawyers, and the other is to bribe lawyers.
Fortunately, divorce proceedings are not a zero-sum game, and many times it is just a matter of how much property is divided. How not to lose yourself when dealing with the strong, and how to advance and retreat when dealing with the weak, all test the life wisdom of lawyers.
Many times, peace is war, war is peace, attack is defense, and progress is retreat. In the fierce confrontation, it is the most satisfactory ending to finally realize the mediation of divorce between the two sides.
The so-called Tao is extraordinary. The above are some insights I got from my own case handling, which may not be right, but at least they are very helpful to me and I hope to inspire everyone.
About the author: Wu, lawyer, deputy director and senior partner of Guangdong Guangqiang Law Firm, a well-known family lawyer, and a guest in the legal column of Guangdong TV Station and Guangzhou TV Station. Legal reviews are often published in various paper and official media.