The Spring Festival holiday is a day for family reunions, and it is also a day when parents urge marriage to be more concentrated, but there is another phenomenon, that is, parents do not recognize the friends their children are dating for the purpose of marriage and intervene. In the past two days, Lawyer Wang saw a related **, I don't know if it is a sitcom or a real event. Regardless of whether it is true or not, in response to the problem of **, Mr. Wang would like to talk about his views.
* The content of the show is as follows: A pair of young men and women from Henan have been dating for four or five years, and they have reached the stage of talking about marriage. The girl's parents did not agree to the marriage on the grounds that the woman's family lived in Pingdingshan City, and the man lived in Xinyang City, and the families of the two parties were hundreds of kilometers away, so they were not at ease about marrying far away. As a result, the girl's parents objected and tried every means to prevent the girl from continuing to associate with each other, and the girl's younger brother also expressed his opposition.
Without the consent and blessing of her family, the girl left home in sadness and went to Xinyang to find her boyfriend. On the thirtieth day of the Chinese New Year's Eve, the girl's parents and younger brother drove hundreds of kilometers to Xinyang, found the boy's home, and took the girl away. After that, there were also incidents such as the boy and his parents chasing after him by car.
For the content of **, in terms of legal relations, if the girl has reached the legal age of marriage and has full civil capacity, she enjoys "marital autonomy" according to Article 110 of the Civil Code, which is often referred to as freedom of marriage. The so-called freedom of marriage can generally be understood in this way, that is, men and women who have reached the legal age of marriage have the freedom to marry and the freedom not to marry; There is the freedom to marry, and there is also the freedom to divorce when the legal conditions for divorce are met; There is freedom to choose who to marry, freedom to oppose forced marriage, and so on.
With regard to the freedom to marry, article 49, paragraph 4, of the Constitution stipulates that "it is forbidden to undermine the freedom to marry". In order to implement the principle of the Constitution prohibiting the destruction of the freedom of marriage, the Civil Code further provides for the protection of the freedom of marriage, such as Article 1041, which stipulates that "marriage and family shall be protected by the State. The institution of marriage with freedom of marriage, monogamy and equality between men and women ......Article 1042 stipulates that "arranged marriages, the sale of marriages and other acts that interfere with the freedom of marriage are prohibited......."”
In order to increase the protection of the freedom of marriage, article 257 of the Criminal Law stipulates the crime of violent interference with the freedom of marriage: "Whoever violently interferes with the freedom of marriage of others shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Where the crime in the preceding paragraph is committed, causing the death of the victim, a sentence of between two and seven years imprisonment is to be given. It should be noted that the main forms of violence here are "beatings, ** confinement" and other means, and generally reach a relatively serious level, such as a few slaps and kicks on non-vital parts of the body are not beatings.
In addition, the crime of violent interference with the freedom of marriage is "dealt with only after complaining", which is commonly referred to as a private prosecution case, that is, the establishment of such a case requires the victim of interference to file a lawsuit in the people's court. If the victim is unable to make a complaint due to coercion or intimidation, according to article 98 of the Criminal Law, "the people's procuratorate and the victim's close relatives may also make a complaint".
Speaking of which, lawyer Wang believes that the plot shown in ** should not reach the level of "violent interference with the freedom of marriage", although there is a scene of the girl's father slapping himself. Of course, lawyer Wang also suggested that the girl in ** should also calm down and consider why her parents objected, communicate more with her parents, and the girl's boyfriend should also obtain the approval and blessing of the girl's parents as much as possible; It is recommended that the girl's parents also think about their relationship in the past few years from the perspective of their daughter, and in the era of high-speed rail, Pingdingshan to Xinyang is not a few hours away, which is not very far. I remember one day in November 2023, after lawyer Wang interviewed the prosecutor at the Pingdingshan County Procuratorate at about 3 p.m. about the case, he went to a county in Xinyang that night to meet with the detention center the next day.
Although the freedom of marriage is protected by law, the outcome of marriage should cause changes in the family and social relations of both men and women, and it is of course best to strive for sweetness in love, happiness in marriage, and harmony in the family, and not to have fierce confrontation over marriage.