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The related credit reporting case

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>> Affair adultery liability

Case:

Fang Wen, have a long period of time, Masafumi often from morning to evening, and asked him to place first haltingly, and after always change the subject, an argument an excuse then angry. Later, Fang Wen think it is necessary to identify what day secretly track Masafumi learned Zhengwen had an extramarital affair with a woman, and has been developed to the extent of sexual relations. Fang Wen would like to know Zhengwen adultery affair, what liability?

Answer:

Modern life is stressful, busy work, too much pressure, sometimes resulting in feelings of tension, the urgent need to find a way out, if the husband and wife, family relationships can not fill the emotional needs of each other, there is often a changing tone extramarital affairs.

If only limited Pink confidant or intimate friends of the opposite sex, extra-marital relationship can be said that the "spirit of the affair, the object of punishment in this fashion is not legal, but if a married woman (husband) with a third party has reached the adultery the extent (have sexrelations), which is commonly known as the "affair", or "physical affair, then the relevant provisions in conflict with the law, is liable.

Under criminal law second thirty-nine provides, "spouse committed adultery and one year in prison. Been its rape by."

In other words, the adulterer and phase rape caught committing criminal liability, be liable to imprisonment. And this crime shall be complaint, which is aware of the facts of the crime and inmates when told (see the Code of Criminal Procedure, second thirty-seven) should be made within six months; of adultery continuous, then the last act of adultery starting six months should be put forward to tell, but one of the spouses is subject to prior connivance (for example, the spouse of infertility, adultery) with people agree with the spouse of the other party in order to continue the family line;, or aware of adultery after the Youshu of (for example, one spouse admits estoppel other parties spouse to forgive, not to pursue the guilty line), you may not propose to tell. Of course, such as the Department of the occurrence of the act of adultery, should individual separately starting to tell, you may not be aware of.

And, in practice, one of the spouses, often on to tell the other parties spouse frankly admit, is obtained family harmony and agree complaint has been withdrawn, but withdrawn tell the effectiveness and, in principle, only the spouse of the other party, which is less than inphase mischievous person. Phase schemer that third party needs the negative phase adultery.

Therefore, if any reconciliation of the situation, should pay attention to withdraw the scope of the tell, exactly limited to the spouse of the other party or a third party including relative rape. In addition, according to the Civil Code items first ○ fifty-two, first paragraph and first ○ fifty-six, couple party who committed adultery, the other party may apply to the court to file for divorce, and may claim damages. In other words, form a party of the couple petitioned the court one of the statutory reasons for divorce is adultery should bear civil liability with people who committed adultery.

However, it should be noted that the advocate of husband and wife party adultery petitioned the divorce, the couple of the other parties  prior consent of  afterwards Youshu occurrences of more than six months after  aware of  since more than two years,shall not request a divorce (see Civil Code of ○ fifty-three).

Practice, the affair adultery occurs, often the first the criminal adultery to tell, Yu told the Crime Investigation during divorce, the two sides reached an agreement to rebuild the family, or settlement agreement for child custody, alimony told withdraw criminal adultery; such as the Department is unable to reach a settlement, and the need to continue the prosecution of adultery a crime, and the intention to divorce through the court referee should be noted that the proposed civil divorce proceedings within six months, otherwise, will be more than the aforementioned scheduled period shall not filed for divorce.


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