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How to analyze this case from a legal perspective?
In the face of such hooligans and shameless people who have no bottom line, there is no direct evidence to accuse Chen Mou's wife of bigamy, so criminal punishment cannot be investigated according to law for the time being. But civil litigation level claims, no problem. Compensation in civil litigation mainly includes the following three aspects: First, Chen Mou's wife lived with others after marriage and gave birth to three children, so the alimony paid by Chen Mou can be fully refunded. Secondly, according to Article 109 1 of the General Principles of the Civil Law, Article 86 of the Law and the relevant provisions of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Moral Damage in Civil Tort, Chen Mou's wife can be sued for material damages and moral damages. Compensation for material and moral damage should be based on divorce.
The compensation for mental damage in this case includes the compensation for mental damage caused by reputation infringement and the compensation for mental damage caused by personal freedom infringement. The important problem is that Chen Mou's wife didn't announce a good job. Even if the dispute is won, hooligans and shameless people like Chen Mou and her lover can hardly get compensation. The key is that they have no ability to pay, in other words, their ability to pay is very limited. On the other hand, since 16, I have had an extramarital affair with others and have three children. This kind of mental damage cannot be measured and compensated by money, but the compensation for mental damage is extremely low in our judicial practice. At present, the most serious level of mental damage compensation is 50 thousand, and the lowest level is 2000 yuan.
Teacher Luo Xiang once said in a variety show: "When dealing with all social development issues, laws and regulations are only the last resort, and they are definitely not the most effective way. Sometimes, social morality and self-discipline go hand in hand, and also have technical content ... "People often say that" law is the last line of defense to safeguard social fairness and justice ". When such a defense can't be maintained or the maintenance cost is too high, I firmly believe that everyone who reads Water Margin knows that Song Wu killed Pan Jinlian, the eldest sister-in-law. When the judiciary was corrupt and Song Wu couldn't help his eldest brother get justice, he resolutely chose to give up violence and realize his fairness and justice by killing people for their lives. Only now that public security has improved, the state monopolizes violence and will not allow itself to fight evil with evil, which is absolutely prohibited by laws and regulations.
When Chen Mou's wife didn't feel ashamed when she responded to an interview with a reporter from The Paper, and even threatened her lover's door-to-door service, as a man, her right to personal freedom was rubbed on the ground by her and her lover, and her reputation and personal freedom were ravaged to nothing, which was unbearable for any tenacious normal man. Conan Doyle once said: when laws and regulations can't produce fairness and justice for me, personal revenge is even noble from this moment on. As a legal worker, although I resist and resist violence, Chen Mou should at least show a man's courage, face the endless clamor of his wife and lover, face and fight back, and protect his last self-esteem, which is also advocated and allowed by laws and regulations-excessive defense.
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