The verdict was pronounced in the engagement case of Yanggao County, Datong City, Shanxi Province, and the defendant Xi XX was sentenced to three years in prison in the first instance for committing the crime of **.
According to the information disclosed by the presiding judge, the facts of the man and the woman are very sufficient. However, the vast majority of netizens sympathized with Xi Moumou, and criticized the victim's woman, and some even did not hesitate to spread rumors, and there were rumors such as the woman's "cheating marriage", "blackmailing with the lawsuit", "On the 4th day after the engagement and relationship, the girl accused** that "the two parties are in a cohabitation relationship", "the victim has a marriage history", "the victim gave the marriage agency 30,000 yuan in referral fees" and other rumors.
Why is it that in a criminal case where the facts are clear, so many people are angry and stand on Xi XX's side, but instead think that the injured party has done too much and made a serious mistake?
This involves the issue of bride price, which has been popular in China since the founding of the People's Republic of China. Bride price, bride price in ancient times called bride price (娉) or bride price, is one of the proof elements for the conclusion of a marriage contract. The bride price represents legal recognition. In ancient times, there were "six rites" for the establishment of marriage, which were Nacai, asking for names, Naji, Nazheng, asking for appointments, and welcoming in person. Among them, the levy refers to the bride price. Marriage is only legal when the six rites are completed.
These six rites must be agreed by both parties to the marriage and the parents before they can be carried out, and if one party objects, the entire six rites cannot be completed. For example, the bride price, one is willing to give, and the other is willing to ask for it, so that it can be completed. If the man forces it to the woman, and the woman throws it out, she will not be able to complete the formalities of "accepting the levy";On the other hand, the woman's hard robbery, even if it is grabbed from the man's house, cannot be regarded as completing the "levy" procedures, and can only be called robbery.
After the founding of the People's Republic of China, especially after the 80s, the importance of the bride price in marriage became more and more prominent, and the other five rites were dispensable. In addition, there is no dowry, and the so-called dowry is only taken out of the bride price and brought to the home of the young couple.
Whether it is a man or a woman, if you don't give a bride price, it is not considered a marriage, and if you give a bride price, the marriage is considered to be concluded. As for obtaining a marriage certificate, on the contrary, many people do not attach importance to it, and before February 1, 1994, there were still many people who were in de facto marriages. Even after the law that does not recognize de facto marriages became widespread, there are still many people in rural areas who have made happy events early and wait until they have children to register for a household registration before they reapply for marriage certificates.
The bride price has become so important: many women say that the thickness of the bride price represents the sincerity of the man to the woman. At the same time, the woman also said that her sincerity is to give her whole body to the man.
It may sound like a deal of money and flesh, but unfortunately, this transactional marriage has become a moral concept shared by most men and women in China. The more a man gives a bride price, the more he values a womanThe woman affirms and accepts the man by letting him get her body.
Under such a moral concept, then, if Datong Xi paid the bride price on time, the woman should pay the body on time. Xi Moumou did what he should have done as agreed, but the woman breached the contract.
Under such a moral concept. The woman said that she had long said that she could not have sex until she was officially married. However, before the official marriage, why should the man give a rich bride price?Isn't this a double standard for the woman?
The presiding judge introduced: After the incident, the victim was emotional, carried out acts such as lighting the bedroom cabinet and the living room curtains, and also escaped from the room and went down to the 13th floor through the stairs to shout "help", and was forcibly dragged back to the room by Xi XX. This is an expression of the victim's genuine desire not to have sexual relations.
But also from the above moral point of view, the woman is not forced to take the money, it is the real will of the woman;When the time came to offer the flesh, he was unwilling. Isn't this kind of person a scoundrel?
Therefore, legally speaking, the man is indeed the first woman. But should we also reflect on this unreasonable bride price system?
I once saw a news story about a woman who took the bride price, got a license, and then divorced the man without letting the man touch it. This woman is not the kind of mobile **, she is a teacher with a career establishment. After the man's family found the woman, the woman said very experiencedly, you can go to the court and tell me, but the result must be a partial return.
Yes, I have found a large number of cases in which the court has sentenced all the bride price to be a partial return. That is, if this is a transaction. The buyer (the man) must pay first, and the seller (the woman) can renege at any time. The seller (woman) not only does not bear any liability for breach of contract, but can also deduct a sum from the purchase price paid by the buyer. And the man's loss, no one cares, and there is no legal support. Therefore, such cases have been in a state of high incidence in the past few years. The development of today's Datong engagement ** case seems to be accidental, but it is actually inevitable.
ActuallyInmonthAfternoonpoint, a serious criminal case occurred in Aojiawan Township, Xing County, Shanxi Province, which was causedPeople diePeople were injured. In fact, the reason is still related to the bride price. Guo Mouying, a married woman, took a large bride price from Guo Moulong in advance in the name that she was about to divorce. Guo Moulong later found that Guo Mouying was unwilling to divorce and had no hope of returning the bride price. So he killed Guo Mouying's family, seriously injured Guo Mouying, and took revenge on the society, driving to the street and hitting pedestrians. Causing great losses.
Therefore, the Datong engagement case and the Xingxian bride price murder case have actually reflected that China's bride price system is already terminally ill. In addition to the extremely poor African tribes, China is the only country in the world that has such strange customs.
I suggest that China should try to implement a bride price return system, and in the event of a divorce or no marriage, the bride price should be returned to the man with all the principal and interest. In this way, it can ensure that the man will not be impoverished and commit crimes due to marriage;It also ensures the safety of the woman, so that the woman can reject the man's unreasonable thoughts and dispel the man's motive for committing the crime.
Welcome**!Work together to break the bad habit of bride price in China!