江苏调查组第五份通报,以涉嫌虐待罪对董某民批捕,墙内媒体和网友质疑其婚姻合法性;应该以什么罪批捕董某民呢?[莫寂聊Moji Talks]
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Feb 26, 2022 #徐州八孩母亲
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00:07 以涉嫌虐待罪对董某民批捕,墙内媒体和网友质疑其婚姻合法性
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On 23 January, the Jiangsu Provincial Investigation Team released a statement, which raised a lot of questions from netizens.
The most popular question was that the official statement insisted that Yang Mouxia, the mother of Ba Hai and the marriage certificate, was the same person.
But the people who are blind, I'm afraid they can't communicate.
In addition, the statement announced the initial treatment of Dong Muming for suspected crime.
On 18 February, the public security agency was accused of abuse, and Dong Muming was asked to be approved for arrest by the inspection agency.
On 22 February, the People's Procuratorate of Feng County was accused of abuse and was approved for arrest by law.
The abuse in the statement made many people feel confused, because this crime often occurs between family members.
If Dong Muming married Xiao Bamei through a normal way, and the two were a family, he was accused of abuse.
Of course there is no doubt, but the problem is that Dong Muming's marriage with Xiao Bamei does not even have the premise of a legally valid marriage.
Today, let's look at a strong media comment on this obvious problem.
According to the announcement, Xiao Bamei was introduced by her father Dong Jingren in June 1998 and bought in June 2000.
The official staff of Huankou Town registered the marriage according to the information of Dong Muming.
And as early as 1997, Xiao Bamei had unusual speech and behavior.
When she first arrived at Dong's house, although her life was basically self-reliant and she could communicate with people,
but sometimes there was laughter, staring, etc.
According to the marriage law at the time, it was forbidden to buy and sell marriage and other interference in the freedom of marriage.
And it is stipulated that if you have rheumatism and have not been cured, or if you have other diseases that are not supposed to be married in medicine, you are forbidden to get married.
According to the Civil Code, marriage should be forced to get married by the family.
The person who is forced can ask the People's Court to revoke the marriage.
Although Dong Muming and Xiao Bamei have a marriage registration, Dong Muming bought and sold his wife, and the marriage registration is false.
The fact that Xiao Bamei has no mental disorder cannot be silenced because of the existence of a marriage certificate.
This situation should be seen as coercion.
Accordingly, the marriage of the two should also be regarded as an invalid marriage.
The difficulty is that to revoke the marriage, Xiao Bamei needs to apply to the court, according to her mental illness history and current situation.
It is difficult to complete this process.
At this time, judicial aid must arrive and complete the confidentiality guarantee.
The reason is not complicated.
Marriage registration is an administrative review.
The marriage registration agency has the obligation to verify the documents of the marriage registration party.
Those who do not meet the conditions should not register.
Otherwise, it is illegal administration.
When Dong Muming and Xiao Bamei registered, the relevant departments obviously did not comply with the law.
In addition to the accountability of relevant personnel, it should also be corrected in time.
Illegal administration has a negative impact on the party.
Perhaps someone will use the fact of marriage.
There used to be a case where a man and a woman did not register for marriage, but they lived together in the name of husband and wife for a long time.
It is legally considered a legal marriage.
But after 1994, our country no longer recognizes the fact of marriage.
From the point of view of time, Dong Muming and Xiao Bamei do not meet the basis of the fact of marriage.
From the point of view of marriage, the man abused the woman.
And before it was considered a reproductive machine, there was no fact of marriage.
The reason why it is necessary to emphasize the marriage between Dong Muming and Xiao Bamei, whether it is legally valid or not, is because it is related to the crime.
According to the criminal law, those who commit the most heinous crimes will be sentenced to two years in prison.
Those who cause serious injury to the victim will be sentenced to two years or more than seven years in prison.
The main consideration is that the family members have a close relationship.
If the investigation confirms that Dong Muming used violence such as locking Xiao Bamei's neck,
the crime of abuse is not a crime that can be punished.
If the investigation confirms that Dong Muming and Xiao Bamei's marriage is invalid,
the scene between the family members will be overturned.
The crime of abuse will no longer be used.
Dong Muming will be suspected of other crimes.
The sentence will also be reduced to the lowest degree of intentional harm.
Those who commit the most heinous crimes will be sentenced to three years or more in prison.
Those who cause serious injury to the victim will be sentenced to three years or more in prison.
Those who cause serious injury to the victim will be sentenced to ten years in prison.
Those who commit the most heinous crimes will be sentenced to three years or more in prison.
On Jan. 31, the Public Security Agency pointed out the crime of illegal detention and investigated Dong Muming's case.
The criminal law stipulates that the crime of illegal detention will be sentenced to three years in prison.
Those who have the right to beat and insult the victim will be punished.
In this case, Dong is likely to be beaten and insulted, and if he is convicted of illegal detention, he should be punished according to the law.
Finally, it may involve rape, imprisonment for 3 years or less than 10 years.
This is a serious injury to the victim, death or other serious consequences, imprisonment for more than 10 years, imprisonment for life or death.
This is also the reason why many netizens, including some experts and scholars, hope to arrest Dong with the approval of the rape law.
The incident of Xiaohuamei is too shocking, and only the strictest punishment in the legal framework can truly appease Yangshan.
There is also a statement in the official notice that the public security agency will investigate the crime of Dong Momin, including the suspected bribery and abduction of women and other crimes.
This means that the investigation and prosecution of Dong Momin is far from over, and the public's call for justice cannot be in vain.
People are concerned about the incident of Xiaohuamei, and they hope to clear all the misappropriation and misrepresentation.
If the bribery and abduction of women and marriage registrations are forged, they can still break the law in the end and reduce their crimes.
The law and justice will be amended to reaffirm the situation of Dong Momin and Xiaohuamei's marriage, and the prosecution will be brought to a close sooner rather than later.
Let's take a look at some netizens' opinions and comments.
Some netizens commented that the point has been made. How can the bribery be an effective marriage? Ridiculous!
Another netizen commented that if Xuzhou does this, it is to make copies and guarantees for the trafficking population.
There are also netizens who say that according to this logic, the Huang family is also Xi'er's legal husband.
Some netizens commented that the mental illness woman bought with money, the woman's household registration, identity card, and marriage certificate are all fake.
There is no doubt that it is an invalid marriage.
Another netizen commented that if I give the person in charge of the Jiangsu Provincial Investigation Team to a relative like Dong Liumang, will he accept it?
Why do you say that Xiaohuamei is a family member of Dong Liumang, and the marriage certificate is illegal, and there is no legal effect at all?
Please Jiangsu Province do not further harm Xiaohuamei and her relatives.
We do not approve of this marriage.
There are also netizens who say that it is clearly a rapist, but it is disguised as a family member and a legal husband.
There are netizens who leave a message that the fifth notice gives people the feeling that it is packed with documents, but it still smells bad.
Another netizen commented that when it comes to the point, how can the trafficking be called a legal couple?
If the marriage certificate is officially violated, the crime will be established on the legal couple family members, which is not reasonable.
There are also netizens who say that they do not know how to call for the establishment of the Central Investigation Team.
There are netizens who leave a message that even if the ban is sealed, we must stick to the bottom line of conscience.
Worrying about the risk of being controlled by women is worrying about ourselves.
Who does not have a woman at home, who is not a woman?
Each of our families may be described as a tragedy.
Another netizen commented that if the woman who illegally trafficked can be regarded as a legal wife, the money that the bank robbed can also be spent openly.
There are also netizens who say that they hope that the situation in Ukraine will change.
Don't let everyone forget Xiaohuamei.
This matter is far from over.
That unfortunate woman is still suffering.
Thousands of abducted women in Xuzhou are still suffering.
There are netizens who leave a message that Dong Zhiming's legal wife is Yang Mouxia, who was born in 1969.
It has nothing to do with Xiaohuamei's law.
Another netizen commented that a husband saw through it.
There are also netizens who say that they ask the law to end their marriage.
Many years of illegal detention and violence have led to abnormalities in Xiaohuamei's spirit and the loss of self-reliance.
Related departments must compensate the victims for their great crimes in order to prevent further injury.
He should be protected away from local Xuzhou, and his sister or other family members should take care of him.
Don't let Dong Mou, who will be released from prison in the future, get close to him.
There are netizens who leave a message, abduct, kidnap, rape, abuse.
Under these evil values, being married and having children is a crime.
Why is marriage legal?
Another netizen commented that the problem is that they are investigating the birth of Xiaohuamei on the marriage certificate.
What does it have to do with Iron Fist Girl?
There are also netizens who say, yes, this is not over yet.
Who is Iron Fist Girl? I still don't understand.
I don't believe that the people of Yunnan can see Iron Fist Girl now and be sure that she is Xiaohuamei.
The ghost is not the same person at all.
Even Xiaohuamei's sister is more like Xiaohuamei than Iron Fist Girl.
It is impossible that there are no outsiders who look more like themselves.
Is the Jiangsu Investigation Team sent by the monkey?
There are netizens who leave a message, Iron Fist Girl is too miserable.
Fake marriage certificates can actually make rapists legal.
This is really a magical world.
Another netizen commented that mental illness is a disease that cannot be married according to the Marriage Law.
In addition, Dong Mou's marriage certificate procedure is illegal and suspected of violating the rules.
It should be invalid.
There are also netizens who say, it was originally bought, and marriage is invalid.
Where are the family members?
There are netizens who leave a message, no matter what kind of crime, marriage should be eliminated.
Thank you, conscientious media people.
The road is long and the punishment is coming.
Another netizen commented that there is nothing to be determined.
As long as the official has a shred of this idea, it is evil.
There are also netizens who say that the administrative permission obtained by providing false information should be revoked by the original permission mechanism.
There are netizens who leave a message, Yi Chui Ding Ying is not allowed to question me.
Then I will never buy anything from Xuzhou in the future.
Get away from everything in Xuzhou.
I know that not every person in Xuzhou is a bad person.
But I have no obligation and no ability to distinguish.
I have to apologize for being wronged.
Another netizen commented that the marriage certificate for the sale of women should be revoked.
There are also netizens who say that they have given birth to eight children.
It is a fact that marriage is a fact that marriage is a business.
But whether it works or not should be decided by the party.
Iron chain and body reason have been unable to communicate normally.
The guardian he is currently designated is his eldest son.
His eldest son can decide whether his parents' marriage is valid.
Of course he will admit that it is valid.
So outsiders other than the party should not worry about other people's family affairs.
That's all we have to talk about.
Thank you for watching.
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Goodbye.
