In Yanggao, Shanxi, the first-instance verdict of a high-profile "engagement case" made the public curious about the entanglement between marriage and legal boundaries. This case involved the marriage contract between the defendant Xi XX and the victim, and the crime scene was set in a quasi-new house, which made the complexity of this case doubly cause people to pay attention. However, the court's ruling clearly pointed out that the marriage relationship cannot be a cover for escaping legal sanctions, as long as the perpetrator violates the will of the other party, the crime is still established. So, what is the dialectical relationship between the marriage relationship and the legal ruling?And how does the legal thinking behind this work?
The antecedents of this case can be traced back to January 30, 2023, when Xi Moumou and the victim met under the matchmaking of a marriage agency. After several months, the two signed a marriage contract on May 1, which seemed to be moving towards a happy marriage, but it contained a tragedy. On the afternoon of May 2, the scene of the crime was fixed in the quasi-new house where the parties were preparing to enter the marriage hall, but the defendant pushed the case to the road of judicial trial at this supposed festive moment.
The key trial process revealed that Xi Moumou forcibly had sex with the victim in the quasi-new house, and the victim decisively called the police that night. This series of incidents eventually led to Xi Moumou being taken criminal coercive measures on May 5. However, what attracted attention at the beginning of the case was not only because of the marital relationship between the defendant and the victim, but also because of the unique judicial attitude of the law towards the relationship between "prospective husband and wife" and "quasi-new house".
Under the framework of the law, the core element for the establishment of the crime is "whether the woman is against her will". This means that even during the existence of the marriage relationship or during the period of engagement, as long as the perpetrator violates the will of the other party, the crime is still established. This legal principle has been clearly embodied in this case, and the court judgment pointed out that although the two had a marriage relationship, Xi Moumou's behavior violated the victim's wishes, thus becoming a criminal of ** crime.
However, proving "whether the woman's will is against her will" has always been a difficult problem in ** cases, and it is also one of the reasons for the long trial period of this case. The common problem of the law has once again emerged, and how to determine whether a person's will has been violated requires the court to dig up and review the relevant evidence in depth and detail during the trial. In this regard, Yanggao's "engagement case" is no exception.
The case has provoked deep public reflection on the complex interaction between the law and the matrimonial relationship. Marriage does not serve as a refuge for exoneration, and the bottom line of the law is to protect the freedom and will of each individual. This case is not only an ordinary trial, but also a profound embodiment of the principle of the rule of law, calling for a deep understanding of the spirit of the law in society. The legal thinking behind Yanggao's "engagement case" has made people pay more profound attention to judicial fairness and human rights protection.
But from the perspective of ordinary people's marriage, who would have thought that such a thing would happen during a seemingly happy engagement. After all, it has reached the point of talking about marriage, if it is not for Lang You's concubine's intention, who will easily promise it, no matter whose fault it is, this game will have a more unimaginable impact on universal values. I hope that such a case can arouse more people's attention to the law, and also remind everyone to respect each other in their feelings and protect their legitimate rights and interests.