According to the news of the People's Court of Yanggao County, Shanxi Province on the 25th, the chief judge of the Yanggao County People's Court answered reporters' questions on the case of a certain person.
On December 25, the Yanggao County People's Court publicly announced the first-instance verdict in the case of the defendant Xi Moumou, and sentenced Xi Moumou to three years in prison for the crime of **. The presiding judge of this case was interviewed by reporters and answered questions of public concern.
A reporter asked, what are the facts and basis ascertained by the court after trial of the "engagement case" that has recently been disseminated on the Internet?
The presiding judge said that the case of the defendant Xi XX ** was spread on the Internet as "blackmail with a lawsuit" and "engagement ** case". After accepting the case, the court attaches great importance to it, insists on taking the facts as the basis and the law as the criterion, and strictly controls the facts, evidence, procedures, and application of law, so that the people can feel fairness and justice. After the court's trial, it was ascertained that on January 30, 2023, the defendant Xi XX and the victim began to fall in love after being introduced to each other by a marriage agency. During the relationship, the parties orally agreed on the engagement bride price1880,000 yuan. On May 1, Xi's family held an engagement ceremony for the two, and paid a bride price of 100,000 yuan and 7 yuan on the same day2 grams of rings. At the same time, Xi XX and his parents promised in writing that they would add the victim's name to the house ownership certificate one year after they got married. At noon on May 2, the victim's side hosted a banquet for Xi XX in accordance with local customs. After the meal, Xi XX and the victim went to Xi XX's room on the 14th floor of a building in a community in Yanggao County, where Xi XX proposed to the victim to have sex, but the victim refused, and the victim said that he would wait until he got married. After that, Xi Moumou forcibly had sexual relations with the victim despite the victim's resistance. After the incident, the victim was agitated, carried out acts such as setting fire to 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 then forcibly dragged back to the room by Xi XX. During this period, the defendant took the victim's mobile phone, and it was not until the victim's mother called ** on the way home that the defendant returned the mobile phone to the victim. That night, the victim reported to the public security organs. After investigators examined the victim's body, the victim's left and right upper arms and right wrists were bruisedAn investigation of the scene revealed that the curtains in the bedroom had been pulled down and had fallen, and the curtains in the living room had been burned. Investigators also retrieved the surveillance video of the community, which showed that the victim escaped from the room and went down to the 13th floor through the stairs and was forcibly dragged back to the 14th floor of the crime scene by Xi Moumou. Investigators questioned the victim, and the victim said that during his relationship with Xi, he had clearly expressed to Xi that he was opposed to premarital sex. The victim's mother also confirmed that the victim cried afterwards that she was ** by Xi XX. The court held that the two parties were in a romantic relationship, although they were engaged according to folk customs, but they had not registered their marriage, and Xi Moumou forcibly had sexual relations with the victim against the victim's will, and his behavior constituted a crime of **.
The court also ascertained at trial that after the incident, in order to facilitate the marriage of the defendant and the victim, the victim's relatives actively communicated with the defendant's relatives, hoping that the defendant and the victim would register their marriage with the Civil Affairs Bureau as soon as possible, and at the same time indicated that in order to reduce the economic pressure on the defendant's family, part of the bride price could be made up, but the negotiation between the two parties was unsuccessful. The court held that although there were circumstances for the two parties to negotiate afterwards, it did not affect the determination that Xi Moumou's behavior constituted a crime.
A reporter asked, please interpret how the law stipulates ** crimes?
The presiding judge said that ** crime refers to the act of forcibly having sexual relations with a woman against her will by violence, coercion or other means. ** Crime is a criminal offense of a heinous nature, seriously violating women's personal rights and sexual freedom, causing serious damage to women's physical and mental health, and some even causing the death and disability of the victimized women. Article 236 of the Criminal Law of the People's Republic of China stipulates that whoever uses violence, coercion or other means to ** a woman shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;At the same time, a number of aggravating penalties are also provided. In this case, the court fully considered that the two parties were indeed in a romantic relationship, and after the victim reported to the police, Xi Moumou took the initiative to go to the public security organ to be investigated by the public security organ, and accordingly, in accordance with the principle of proportionality of crime and punishment, Xi Moumou was given a lighter punishment as appropriate, so Xi Moumou was sentenced to three years in prison for the crime of **.
A reporter asked, what is the difference between the engagement in this case and the legally registered marriage?
The presiding judge said that Article 1049 of the Civil Code of the People's Republic of China stipulates that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authorityIf the requirements are met, it shall be registered and a marriage certificate shall be issued;The marriage relationship is established after the marriage is registered. It can be seen that marriage registration is the basis for establishing a legally protected marriage relationship. In this case, although the engagement of the parties was a local folk custom and the bride price was paid at the time of engagement, the engagement was not a legally registered marriage, and the parties did not enjoy the rights and obligations of husband and wife.
A reporter asked: What are the enlightenments and education that this case has given to the public?
The presiding judge said that the state vigorously advocates the integration of the core socialist values and the excellent traditional Chinese culture into the construction of marriage and family. In the course of interaction and love between defendant Xi XX and the victim, both parties shall follow the principles of equality, friendliness, and mutual respect. In this case, Xi XX and the victim did not register their marriage, and there was no legally protected marriage relationship between them. Therefore, Xi XX's conduct against the victim cannot be evaluated as husband and wife. This case warns the public that legal marriage registration is the only way to establish the relationship between husband and wife, and that the law protects legal marriageThe act of forcibly having sexual relations with a woman against her will constitutes a crime and should be punished by law. The trial of this case demonstrates the people's court's clear attitude and firm stance of severely cracking down on illegal and criminal acts that infringe on women's rights and interests.