Is it illegal for a woman to cheat? Nowadays, it is possible for both men and women to cheat. Is it illegal for a woman to cheat because of marital emotional problems or because she can't stand all kinds of temptations outside?
Is it illegal for a woman to cheat? 1 Is there any legal responsibility for a woman to cheat?
It still depends. The national criminal law and civil code have no specific liability provisions for derailment, but if one party cohabits with others and constitutes bigamy, it is another matter.
The so-called bigamy refers to the illegal behavior of people with spouses marrying others. If a spouse has registered marriage with others without going through the divorce formalities, it is bigamy; Although there is no registered marriage, in fact, public cohabitation with others in the name of husband and wife also constitutes bigamy.
According to Article 258 of the Criminal Law of People's Republic of China (PRC), a person who has a spouse commits bigamy or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
(Bigamy refers to the act of a spouse marrying another person, and sometimes refers to the illegal marriage formed by the above acts. That is, people with spouses marry others or live in the name of husband and wife, or marry others or live in the name of husband and wife knowing that they have a spouse. )
How many years after marriage is husband and wife property?
One party's personal property before marriage, no matter how many years the husband and wife have lived together, is still personal property and will not become the joint property of husband and wife.
The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as stipulated in Item 3 of Article 1063 of the Civil Code;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
In any of the following circumstances, it shall be the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Is it illegal for a woman to cheat? It is illegal to cheat in marriage if it constitutes bigamy.
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse.
1. Judging from the subjective characteristics of bigamy, its bigamy behavior is direct and intentional. This kind of direct intention is manifested as: marrying others knowing that their existing marriage relationship has not been dissolved, or marrying others knowing that they have a spouse.
2. The object of bigamy is monogamy, and the victim's "legal marriage relationship" is only the object of bigamy.
3. The objective aspect of the crime of bigamy is that bigamy violates the fundamental marriage system of monogamy and implements the overlapping behavior of marriage. That is, the crime of bigamy has two marriages at the same time, and whether the previous marriage relationship is legal or not does not affect the composition of bigamy.
Determination of bigamy behavior
1, it is necessary to distinguish the crime of bigamy from the crime of bigamy in which a woman with a spouse is trafficked. In recent years, the crime of abducting and selling women is quite serious. Some women are married.
But after being trafficked by criminals, she was forced to marry someone else. In this case, although the abducted woman committed the crime of bigamy objectively, there was no intention of bigamy subjectively. Bigamy with others is against one's will, cheated or forced by others. Result.
2. Distinguish between bigamy and temporary cohabitation. Cohabitation refers to the temporary cohabitation of men and women in the name of husband and wife without marriage, which does not constitute bigamy.
Legal basis:
Article 258 of the Criminal Code of People's Republic of China (PRC).
Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Is it illegal for a woman to cheat? 1. Will a woman be sentenced for cheating?
Whether the woman will be sentenced for cheating depends on the specific situation. If the woman constitutes a crime of bigamy, the people's court shall make a judgment.
Criminal law of the people's Republic of China
Article 258 Whoever commits bigamy while having a spouse, or marries while knowing that others have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Civil code of People's Republic of China (PRC) (202 1. 1. 1 came into force)
Article 1042, the prohibition on marriage and family, prohibits arranging, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to ask for property through marriage.
Bigamy is prohibited. Spouses are prohibited from living together with others.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Second, what is the derailment divorce procedure?
1, there are two kinds of divorce, divorce by agreement and divorce by litigation. Divorce by agreement. After consultation, you can go to the Civil Affairs Bureau for divorce. Litigation divorce means that you directly sue the court for divorce, and you can collect relevant evidence of the man's infidelity, and then the man will divide less or less of his property.
2. Draft a complaint, including the names, gender, age, place of origin, work unit and current address of the plaintiff and defendant, the litigation request and the facts and reasons on which it is based, the evidence and sources of evidence, and the name and address of the witness.
3. Prepare the evidence needed for litigation.
4. Submit the complaint and evidence to the court with jurisdiction.
5. The court decides whether to accept the lawsuit.
6. After accepting the divorce proceedings, the court shall send a copy of the complaint to the other party (defendant) within the legal time.
7. The court arranges the court session time and sends subpoenas to both parties.
8. During the court session, both parties may entrust lawyers or other professionals to represent divorce proceedings.
9. The court decides whether to grant the divorce according to the plaintiff's claim and the evidence submitted by both parties.
Is it illegal for a woman to cheat? 4 how to punish women for cheating?
1. marital infidelity is a violation of the civil code and there is no provision for administrative punishment.
2. If the marriage is derailed and one party is at fault, the other party can sue the court for divorce and demand compensation for the fault.
Cheating in marriage is illegal and unfaithful, and there is a reasonable fault. When a husband and wife divorce, they should share less or no property, and they can claim compensation without fault.
Now we can explain the reasons for the claim:
A, cheating, generally refers to the husband and wife during the marriage, the husband or wife and the opposite sex outside marriage.
Second, derailment strictly speaking, not all four kinds of fault behaviors stipulated in the Civil Code can claim compensation (bigamy; Having a spouse living with others; Commit domestic violence; Abuse and abandonment of family members), although it is obviously unfair to the innocent party, if it is used to protect rights (claims), the legal support is not hard enough.
Third, although derailment is not within the fault range that can claim compensation as stipulated in the Civil Code, it is illegal to cheat and have an affair (in violation of the provisions of the Civil Code: husband and wife should be faithful to each other and respect each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations or be unfaithful. Illegal infidelity is a fault (legal transformation relationship).
Fourth, about the infidelity of husband and wife, it is usually said to be "extramarital affair" or "derailment". There are three kinds of marital infidelity in China, namely, adultery, cohabitation and bigamy.
1, adultery: refers to the act of occasionally having sex with the opposite sex outside marriage.
On the legal consequences of adultery: adultery is not among the fault behaviors that need to bear fault compensation liability in China's civil code, that is, the no-fault policy has no legal basis for the claim for damages filed by the adulterer.
In practice, the court will generally consider the division of husband and wife's property and take proper care of the innocent party, that is, let the adulterer divide the property appropriately.
2. Cohabitation: The judicial interpretation of the Supreme Law defines this as "a person who has a spouse and a heterosexual outside marriage, and does not live together continuously and stably in the name of husband and wife."
Legal consequences of cohabitation: this is a wrong act clearly stipulated in the civil code. If the perpetrator is the wrong party, the other party may claim damages. In theory, apart from less or no property, there is also the possibility of making compensation with his personal property.
3. Bigamy crime: the spouse cohabits with others in the name of husband and wife, and people around him think it is a bigamy crime; In addition, knowing that others have spouses is also the above behavior, which also constitutes bigamy.
Legal consequences of bigamy crime: it constitutes bigamy crime, and the innocent party in marriage can still claim damages in divorce, but it only needs to bear criminal responsibility according to the provisions of criminal law.
5. According to the Civil Code: "Husband and wife should be faithful to each other and respect each other; Family members should respect the old and love the young, help each other, and maintain equal, harmonious and civilized marriage and family relations. If divorce is caused, the innocent party has the right to claim damages; The "damages" stipulated in the Civil Code include material damages and mental damages.
Although there is no specific penalty clause for the woman's infidelity in the new civil code, she can go to court to sue for divorce and demand compensation from her. Husband and wife should be faithful to each other, so if they cheat, they can ask the cheating party to compensate for mental and material losses.