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Can we succeed if we go to the court to sue parents for interfering with the freedom of marriage?

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Can we succeed if we go to the court to sue parents for interfering with the freedom of marriage?


        

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  • 2024-06-12 22:00:00

    Can we succeed if we go to the court to sue parents for interfering with the freedom of marriage?
    If the parents are guilty of violent interference in the freedom of marriage, they will be successfully prosecuted in the court. The crime of violent interference in freedom of marriage refers to the act of interfering with others' freedom of marriage or divorce by means of violence. Article 257 of the Criminal Law stipulates: "Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years." The crime of violence against freedom of marriage has the following main characteristics: 1. The subject of the crime is the general subject. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. They include parents, brothers and sisters, clansmen, and leaders of the unit where the adulterer, mistress, and victim are located. Most of them are parents who interfere with their children's freedom of marriage, while others are generally unlikely to become the subject of the crime of violent interference in marriage freedom. In real life, most parents interfere with their children's freedom of marriage, followed by children interfering with their parents' remarriage, and some relatives interfere with others' freedom of marriage. In addition, if a husband beats his wife because her wife has filed for divorce, which makes her unable to exercise her right to freedom of divorce, in view of the special relationship between the husband and wife, this crime is generally not punished. 2. The object of infringement is complex. The object of this crime is the freedom of marriage and body of others. (Due to the use of violence in interfering with the marriage of others, it will inevitably lead to the violation of the personal rights of the victim.). The violence that infringes upon the body rights is also only used as a means to interfere with the freedom of marriage. If the perpetrator openly interferes with the freedom of marriage of others by means of intentional killing, serious injury, rape, etc., and the social harm of its violation of the personal rights of the perpetrator far exceeds the interference of the freedom of marriage, it should not be punished as the crime of violent interference in the freedom of marriage, but should be convicted and punished as the specific crime of violating the personal rights of citizens. It not only infringes others' freedom of marriage, but also infringes others' personal rights. 3. The subjective aspect is direct intention. The subjective aspect of this crime is direct intention, that is, knowing that his behavior is to interfere with the freedom of marriage of others, and some of his purposes are to forbid the victim to marry his loved ones; Some forced the victim to marry someone; Some forced victims not to remarry or divorce. The motives of crime are various: for example, parents and relatives intervene out of greed for money and power; It is forbidden to remarry out of the old feudal custom; The traditional feudal thought that children should marry according to their parents, and so on. These different motives are not the constitutive elements of the crime of violent interference in freedom of marriage, but the circumstances to be considered when sentencing. 4. The objective aspect is that the perpetrator uses violence by means of violence, which is a significant feature of this crime in the objective aspect. Without violent intervention, this crime will not be constituted. The so-called violence refers to physical coercion such as punching, kicking, binding, confinement, and robbery against people who intend to marry or divorce. Do you understand this explanation?

    Guo***

    2024-06-12 22:00:00

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