In the past two days, 4.5 million mentally disabled women in Shanghai have been swept away, and the man who eats the desperate household has been scolded by netizens on the hot search, and the latest follow-up is coming, the reporter found the man in question, Xiaohu, he said in **
More than 3 million have been consumed."
I feel like I deserve to be punished".
I will still be old and die."
I didn't plan to divorce her all along."
Xiaohu has been working as a plumber in his hometown in Jiangxi, he said that after meeting Ms. Fu, he felt that both of them were pitiful, "She has no father and no mother, and my parents are divorced, so they got married and were together." ”
He claimed that he took the money to buy a house, but after getting a few million, he "used it in a daze, going to KTV, playing mahjong, gambling, traveling, ......."And just like that, the money was quickly squandered.
Talking about his marriage to Ms. Fu, he felt that his actions "should be punished", "sorry for the dead grandmother, sorry for his wife". As for what the punishment is? He thinks, "It's just trying to make money, and if I really go to jail, what will my wife do?" ”
After the matter fermented on the Internet, Shanghai Putuo District attached great importance to it, and the District Disabled Persons' Federation, Women's Federation, Justice Bureau, Public Security and local towns and other departments will continue to provide care and help to Ms. Fu, strengthen life assistance, and actively provide legal aid services to guide the resolution of disputes through legal channels.
We will also continue to monitor the progress of this matter, and readers who want to know what happened can pull to the last part of the article to read the review. In the past two years, examples of property inheritance and emotional disputes in the mentally handicapped group have occurred from time to time, although many have not been reported, we have also learned through a variety of ways that under the mediation of their parents, some mentally handicapped young people have found their other half and started to live together in the form of cohabitation or marriage. There are even some mentally handicapped couples who have started divorce lawsuits for various reasons after living for many years.
Today, we invited Fan Xiaohong, a lawyer from Beijing Baixing Yizhong Legal Service and Research Center for the Disabled, who has been working in the field of mental disabilities for many years and has been serving this group, to share her views on this matter and what she has learned about the marriage situation of the mentally disabled group.
We also invited Meng Weina, the founder of Huiling, who is familiar to everyone and has been advocating for the well-being of the mentally handicapped community for 40 years, to talk about her understanding of the love and sexuality of people with mental disabilities, why she said that this is not an unusual "fraud and deception"?
1.What do you think of this case?
A: I don't think this case is so pessimistic, Xiaohu infringed on the property of Ms. Fu's grandmother, and after the death of her grandmother, there are many legal heirs such as her daughter and the children of her three sons, and she does not belong to a family that can be "wiped out" at the legal level. And Xiaohu should be involved in criminal responsibility, he takes it for granted that he and Ms. Fu are husband and wife, and they can do whatever they want with her family's property, and there is no such possibility in the law.
First of all, this property has no relevance to Xiaohu, if Ms. Fu's grandmother has passed away when Xiaohu withdraws the money, this money is used as an inheritance, in the absence of a will, Ms. Fu can only inherit a part, and the part that becomes the joint property of the husband and wife after inheritance is taken out by Xiaohu, and the legal responsibility is not so serious. However, it is obvious that these properties are the property of the grandmother before her death, and the grandmother did not instruct her, and Xiaohu took advantage of the physical and mental disability of the disabled spouse to illegally occupy the grandmother's property through improper means.
If Xiaohu feels that as long as he refuses to communicate and hides without appearing, he can escape legal responsibility, this kind of thinking is a manifestation of legal blindness. Now that Ms. Fu has called the police, Xiaohu will inevitably have to bear the legal consequences for her greedy behavior.
2.Is Ms. Fu and Xiaohu's marriage legal?
Answer: The evaluation of the ability to marry and the evaluation of the ability to protect property are two evaluation systems. When getting married, the main thing is that the marriage registration personnel judge whether the marriage intention of both parties is clearly expressed, whether they understand the meaning of marriage, and whether they can complete various procedures, signatures and other work on the spot.
At present, although Ms. Fu has a slight intellectual disability, she clearly expressed her personal intention to marry when the marriage was registered, and the marriage is valid.
3.Does Ms. Fu have any responsibilities?
Answer: Regarding the judgment of the civil capacity of adults, it is necessary to initiate a special procedure for the determination of civil capacity, and whether Ms. Fu is responsible or not needs to be judged through judicial appraisal.
A person's civil capacity is divided into many types, one of which is whether he can protect his own property like ordinary people, and identify whether his actions infringe on the property interests of others. At this point, despite the fact that many people with mental disabilities have achieved normal life, work, and smooth communication, they may not have the ability to do so. In this case, Ms. Fu could only passively accept the property instructions issued by her husband, which indirectly caused the consequence that her grandmother's large amount of property was illegally occupied by her husband Xiaohu.
Many people believe that the judicial evaluation of capacity is a double-edged sword, and some people will mind that once the evaluation is successful, some of the rights of the parties will be restricted. However, when mentally disabled or intellectually disabled persons encounter property disputes and need judicial relief, their families or interested parties are still willing to initiate this procedure.
4.Are there divorces for mentally handicapped couples?
A: Yes. There is a case in which we have appealed our divorce for the second time to the court of second instance, and it has not yet been resolved.
There are also many reasons for divorce -
1.There are always strong and weak in marriage, and the weaker partner feels that the other party has not treated him well, and objectively speaking, there may indeed be explicit or implicit abuse or discrimination that leads to unequal family status.
2.When it comes to property, one party earns money and the other party doesn't, and the party who earns money often feels squeezed.
3.There is a huge disparity between the economic conditions of the mother-in-law's family and the mother's family, and after the marriage, the parents of both parties intervene excessively, and they don't want their children to suffer.
From our point of view, it is not much different from some normal divorces, but the procedure is more complicated. We suggest that if the quality of the marriage is really not good and there is no other solution, separation may be a better option. In some marriages, both parties have disabilities, and no matter how bad they are, they may also cause depression and anxiety, and living together is more painful. They are just mentally and intellectually lacking, but that doesn't mean they don't know whether others are good or bad for them.
We have also encountered good marriages, some fifty or sixty-year-old couples have lived with each other for half their lives, and when they got married, the social atmosphere was still relatively simple, and some parents chose a spouse for their children from the countryside, and this spouse was also willing to treat the disabled well and live together, which belonged to winning the bet and meeting a good daughter-in-law and son-in-law.
5.If it can be prevented, how can it be better to dispose of grandma's money?
Answer: The report said that grandma has always loved her granddaughter, of which 1 million was specially reserved for her, including her agreement to her granddaughter's marriage, she should also want to find a man who treats her granddaughter well, and the current ending is something that no one wants to see.
Now that Xiaohu said that a large part of this money has been squandered, it is conceivable that the cost of completely recovering this money will definitely be much greater than the cost of prevention, and it may not even be able to fully meet the expectations we want.
If there are some policies at the national level (such as trust, guardianship) that have been introduced and improved, and there are options that can reassure the grandmother, there will be no tragedy where everyone is gone and the granddaughter has not yet settled down.
Now one of the most likely ways to solve this problem is trust, although there are special needs trusts on the market, but many parents still hope that the disabled persons' federation and other ** departments as trustees, state-owned banks as property managers, to develop special needs trusts, to ensure that the special funds are earmarked, is a more reassuring choice for parents.
6.Can Ms. Fu get divorced?
Answer: One saying is that Ms. Fu hurried to divorce and stayed away from the "scumbag". Frankly speaking, it is very difficult to recover the property of Ms. Fu and her family, but it is even more difficult to divorce. Many people say that Xiaohu has gone so far, can't he get a divorce? Judging from the latest recording, if the man does not cooperate with the agreement to divorce and does not want to divorce, he can only go to the court to sue for divorce.
The difficulty in adjudicating a divorce is that Ms. Fu, as the plaintiff in the divorce lawsuit, has the ability to independently conduct civil litigation? The optimistic situation is that it is completely possible to exercise the right of action independently, including the right to entrust the person by yourself. If the ability is insufficient, it is necessary to appoint another guardian for Ms. Fu in addition to Xiaohu to file a divorce lawsuit on behalf of Ms. Fu.
In practice, in many cases involving divorce involving people with disabilities, the court is generally cautious in the first divorce, especially if the other party is not obviously at fault. It should be emphasized that in this case, Xiaohu's greedy behavior has already broken through the legal limit, but the statutory circumstances for determining the breakdown of the relationship between husband and wife in divorce cases include:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Regardless of whether Xiaohu's illegal possession of his wife's and grandmother's property is ultimately characterized as a criminal offense or a civil tort, it is inconsistent with the determination of the above-mentioned legal standards for the breakdown of the relationship between husband and wife. At the same time, Ms. Fu, as an intellectually disabled person, has a high need for care, and if the husband resolutely disagrees with the divorce, it is more beneficial for Ms. Fu to have a spouse to live with her. It is not easy to judge whether the presiding judge will soon rule on Ms. Fu's divorce claim.
Assuming that the marriage is dissolved and the property is recovered, Ms. Fu, as the subrogated heir of her father, will face the next practical problem, whether she can independently handle the procedures for dividing her grandmother's estate? There are generally two ways to inherit an inheritance, either go to a notary office to notarize the inheritance right, or go to the court to sue for the division of the estate. Although Ms. Fu has a mild intellectual disability, in the process of inheriting the estate, the notary public or the judge will also judge whether Ms. Fu has full capacity for civil conduct.
*In the middle, Ms. Fu's expression skills are relatively fluent and strong, and it is possible that each of the aforementioned gates does not need a guardian or **person to assert her rights. The most difficult thing is that the money is recovered, and the share of the property belonging to her is also distributed to her name, how will she arrange her life in the future. Especially as she gets older and older, Ms. Fu will be mentally disabled in the future, how can her grandmother's money be used for her in the future, and who will be her guardian? It can be said that Ms. Fu's future problem is also a common problem for many families with mental disabilities.
Yes, for me, it was an expected "scam and being deceived".
With the development of the Internet, there are more and more scams around us, and the methods are becoming more and more obscure. Both ordinary people and mentally handicapped groups can be deceived. I didn't feel particularly surprised to see what happened to Ms. Fu, there must be anger, this man has no conscience, and deceived the elderly and mentally retarded people, which is too bad.
Thinking of the murder of the wife of a former Google engineer in Silicon Valley some time ago, if we hold the greatest malicious speculation, whether Xiaohu also had the idea of murdering for money, then whether the evolution of this incident will be more serious than now, I can't imagine it.
The marriage of mentally handicapped persons is a relatively complex issue in our country. From the perspective of human nature, people want to go to higher places, which is manifested in the disabled group: if you want to get married, especially women, you must want to find a person who is satisfied with you and has higher conditions than yourself.
Girls with mental disabilities who married 20 years ago either married in the countryside or men from the mountains went to the city to become sons-in-law. However, there are fewer and fewer mentally handicapped young people who have been married in the past ten years, because the living conditions have improved, and even if our children and parents have this idea, it is difficult to find suitable and willing families.
In my nearly 40 years of work, I have seen very few cases of people with mental disabilities actually getting married, and there are far fewer boys than girls, because it is more difficult for boys to get married than women. Huiling all over the country combined, there are about a dozen couples married in the past 40 years, and they are basically female students.
Ms. Fu and grandma.
Because there are too few marriages to be instructive, I prefer to talk about the topic of sexual satisfaction caused by this, which is also one of the reasons why parents want their children to get married.
Physiologically speaking, sexual hunger is equal to a person who wants to eat when he is hungry, which is a natural thing, but to achieve sexual satisfaction, our children face too many restrictions, illegal and criminal things can not be done, and it is too difficult to form a marriage, what should we do?
My views are more avant-garde and bold, and I think that if young people have a good impression of the opposite sex, as long as it is within a reasonable and mutually acceptable range, it is good to go with the flow, and parents should not block it too much. For example, having a date with each other, watching a movie, and a boy kissing a girl, this may not be entirely a good thing, but it is not an outright bad thing.
We can't ban all relationships between men and women because of what happened to Ms. Fu, it's unrealistic, and it will also stifle some of the good things. After all, there is a good side to society and an ugly side, and everyone is in their own life experience, and the lessons they get or enjoy are all a process of experience.
Rather than repeatedly prohibiting it, it is better to take measures to prevent tragedies from happening, such as teaching children scientific sex education concepts and knowledge, institutions can also do some things, such as adding marriage and love counseling in the ** service, especially how to solve the problem of sexual satisfaction, which is also where Huiling's service should be improved.
Ms. Fu's experience also led to the problem of property and personal trust faced by Hui Ling. Two days ago, the person in charge of Huiling called me **, saying that a student's parent has advanced lung cancer and has metastasized, and the parents are very anxious to arrange the aftermath, especially the placement of the child, and want to entrust the house and the child to Huiling, can it?
It is said that because of the urgency of the condition, the parent has no time to handle the trust, guardianship of these businesses, which makes us feel embarrassed, even if the parents can trust Huiling, they also need a will to prove their will, and in the general trend of real estate downturn, it is unknown whether the house left by the parents is enough to continue to support the rest of their children's lives. Moreover, this parent has other relatives, and the inheritance issues involved are very complex, which is not something that Huiling can undertake if she wants to undertake a child's future, and needs more protection at the policy level to give the institution confidence.
At this point, readers are also reminded to keep a rational mind and wait for the latest developments in the Ms. Fu incident. In fact, so far, we don't know much about the whole incident, Ms. Fu and Xiaohu have realized what happened to their marriage, and maybe there are unknown secrets that have not been disclosed, so they can let the bullets fly for ......a while
Ms. Fu, 33 years old, was born with a slight intellectual disability (level 4) in Putuo District, Shanghai.
In 2015, grandma's old house was moved and obtained a 44-square-meter resettlement house worth 3.5 million yuan and more than 1 million yuan in cash compensation, in addition to grandma's monthly retirement salary of more than 5,000 yuan, it stands to reason that there should be no problem in ensuring the lives of grandparents and grandchildren. These savings are also enough for Ms. Fu to spend the rest of her life after her grandmother is 100 years old.
However, the appearance of Jiangxi man Xiaohu broke their peaceful life, he not only swept away his grandmother's 4.5 million savings, fled back to his hometown in Jiangxi and disappeared, but Ms. Fu's grandmother also died of depression.
This man is Ms. Fu's husband, in the words of Ms. Fu's cousin: This man is desperate!!
What's going on, let's take a look-
In 2015, my grandmother's old house moved, and Ms. Fu and her grandmother moved into the new house.
Not long after the grandmother's house moved, the neighbors in the chess and card room in the community introduced Xiao Hu, who came to Shanghai to work in Shanghai, to Ms. Fu, and the two began to date.
Ms. Fu recalled that Xiaohu had a good temper when she was in love, and he did all the cooking and cleaning, and he seemed to be honest and responsible. After a long time, she gradually developed a good impression of Xiaohu.
After that, Xiaohu began to instill a concept in Ms. Fu: in case grandma is gone, her things will go to her aunt and sister (grandma also has a daughter, and the three sons have passed away but all have their own children), you can't get any points, you marry me, everything belongs to me, and mine is yours.
The simple Ms. Fu believed Xiaohu's words and married him in 2018, and her peaceful life was shattered ever since.
After news reports, we learned that Xiaohu did not live with Ms. Fu after marriage, and seemed to be a different person, short-tempered, and often asked her for money.
Xiaohu also forced her and her grandmother to sell the relocation house on the grounds that they needed to change to a bigger house for future children. Grandma didn't want to, so Xiaohu threatened: I want to throw my grandmother down from the 14th floor, or when my grandmother dies, I will dig my grandmother's ancestral grave.
Ms. Fu's grandmother is over 80 years old, and finally sold the house for 3.5 million **, and the grandmother deposited the money from the sale in the bank and kept the bank card closely.
In 2022, Xiaohu instigated Ms. Fu to steal her grandmother's bank card and said that she was going to buy a house. So, Ms. Fu handed over her bank card and password to her husband. However, in fact, after Xiaohu got the bank card, he went back to his hometown in Jiangxi, and took away 20,000 yuan every day with the upper limit of withdrawals, and swept away all his grandmother's savings as if they were moving ants.
Ms. Fu's cousin and relatives found out after investigation: one of these money is 3.5 million from the sale of the house, and the other is 1 million cash left by her grandmother to Ms. Fu, a total of 4.5 million, all of which were looted by Xiaohu in June 2022, and only 2$6.
Unfortunately, on January 24 this year, the depressed old man died in the hospital. In Ms. Fu's view, her grandmother's death is inseparable from her husband Xiaohu.
After the incident, Ms. Fu asked her husband Xiaohu to return the money, when Xiaohu had already left Shanghai and was missing, and said in a ** that I had no money and it was impossible to repay the money. Even if the court or the police station came to me, there was no money. In the future, after the divorce, I can still find a normal woman to have children.
Zhang Yuxia, a support lawyer, said that according to Ms. Fu's statement, Xiaohu is likely to be suspected of theft. However, it is necessary to combine other evidence, including Xiao Hu's own statement, to make a comprehensive judgment.
However, if Hu's actions do not constitute a criminal offense, Ms. Fu can also demand that Hu return the inheritance through a civil lawsuit. Although the old man's three sons have died, each of them has children. As a direct blood relative of the younger generation, it can be subrogated. In addition, the old man also has a daughter, so one of the old man's daughters and the children of his three sons can jointly act as legal heirs to claim legal rights and interests from the other party and require the other party to return the relevant money.
Because this money is currently legally characterized as the estate of the elderly, it is also recommended that the heirs can appoint an estate administrator to be responsible for recovering the money, and then give it legal inheritance after the money is recovered, or in the case of a will.