16 years ago, when his mother left young, he and his father vanished from his life, he went to another place to form a family and give birth to 3 children. Now, my father was killed in a car accident, and his mother came back. But Cai Bing was not faced with the mother and son who had recovered, but was fighting for millions of heritage. In 1990 and 1994, I gave birth to a sister and him. In 2000, the mother ran away from her family with his elder sister. After that, he reorganized his family in Anhui and gave birth to 3 children. At the end of 2016, Cai Bing was killed in a car accident. In 2017, Cai Bing and her sister brought Cai Bing to the court after Cai Bing and her sister, who did not expect his mother to appear at the scene of the funeral, and asked to split his fathers legacy and death compensation, and after Cai Bings refusal. The court of first instance of the Suqian court decided that Cai Bingxu, who had obtained the corresponding property, paid 21 yuan to her mother, Zhou Mouying, and 31 yuan to her elder sister. For this judgment, Cai Bing said it was unacceptable from the sense that there were many netizens on the Internet. Cai Bing has now appealed. In response to questions from netizens, the local court of Suqian issued a briefing on 21 days for explanation. What is the case in this case? The purple bull news reporter interviewed the relevant parties and legal experts. 16 years ago, my mother and her sister left home He was 6 years old with his father At the end of 1987, Zhou Mouying, a woman in Sichuan, was introduced by a matchmaker, acquainted with the young man Cai Moujun in GGG Town, Suqian, and two people lived together in the name of husband and wife, but did not register for marriage. It is said that this practice is not uncommon in the local area. Cai Bing told a purple cow news reporter that, according to what he later told his relatives, when his father and mother got married in Suqians home in 1987, they did not have a marriage registration. At that time, there was neither a wedding ceremony nor a marriage certificate in the countryside. This is a common phenomenon. Cai Bing said that 3 years later, the elder sister was born in 1990 and came to this world in 1994. According to the description of relatives and friends, Cai Bings memories of his parents are both sweet and prosperous. In the 90s of last century, if you could bear hardships, you could make money. My father is particularly able to suffer, when our family conditions are very good, the village is more rich, the home has a motorcycle, there are noodles machine, not the ordinary family can be compared. Cai Bing said that although his father was illiterate, he learned to do business, not only managing some waste plastics business, but also working far away to work in marble processing. Cai Moujun always works outside the country to earn money to subsidize his family. He seldom goes home several times a year. When Cai Bing was 6 years old, his mother took his elder sister to abandon him, which disappeared for 16 years. When my mother left home, she sold all the valuable things in the family, and the accounts owed to her outside were also taken back, all taken away, about twenty thousand yuan. Cai Bing told purple bull news reporters that it is hard to say more about their parents feelings. But after that, the life of his family plummeted. His father and grandfather three had a hard time. Cai Bing said that when his father learned that her mother took her sister away from home, he immediately went back to his home in Suqian, looking for it, and went to the grandmothers home in Sichuan to find him, and he was told that her mother did not return to Sichuan. Because my father is illiterate, at that time, I can only do a lot of hard work, working every day, making up to 500 yuan a month. It is not easy for me to go to school and take care of the eating and drinking expenses of the family. I always pick up other peoples clothes and go to school and no one to pick them up. Cai Bing told purple bull news reporter that after his mother left, his father had never remarried. After his grandfather died, the father and son depended on each other. In Cai Bings impression, he never ceased to yearn for motherly love. When I was young, I saw everyone else had a mother, but I didnt feel very sad. I felt despised by others, and I was afraid of being laughed at by others. My personality was a bit closed. Until now, I feel a bit of a psychological shadow. Cai Bing told purple bull news reporter that he had always missed his mother, but that was not what he could choose. Reunion of mother and son A legacy of the fathers funeral Cai Bing told the purple cow news that her mother had not been in contact with his father or him for 16 years since she left her home in 2000. She had not come back to see them, but her sister had been back two times in 2010 and left for only one or two days. For why his mother left home, Cai Bing said he was only 6 years old, without too much impression and no hatred of her mother, but to miss or say that the desire for mother love transcended this hatred. Never hated my mother. After all, she brought me to the world, no matter what she said, even though she didnt care about me. Cai Bing said he thought that although his mother did not care for him, he still had a father. It was not until Cai Bings father died in a car crash at the end of 2016 that his mother appeared. The mothers action made Cai Bing subconsciously start turning love into hate. I really, really hate her when she does such a thing. Cai Bing told the purple cow journalist that in December 2016, when his father died, Cai Bings cousin told his sister that she would come to his fathers funeral and her mother followed. When I was kneeling down to keep my father awake, she came over to talk to me about the money. She said directly how to divide the money. Would you like to buy a house for your sister? Would you like to give me some money? Cai Bing recalled that he did not refuse at that time, and his mother once talked to him again. Cai Bing said to his mother, you live here. I take care of you. I will support you. Later, when I have a child, you can also take it with you, so thats fine. I will give my sister 300 thousand to buy a house. You are fifty or sixty years old, and it doesnt make much use of money. But the disappointment to Cai Bing was that both mother and sister did not want to say that he was sad and disappointed if he had to spend more than half and count up to 7, 8 million as long as he had money. In March 17, 2018, Cai Bing, the defendant, received a summons from the court, and his mother and sister sued him for the division of his father and his property, with a total of 775 thousand yuan. The above is the content of Cai Bings narration. So why did Cai Bings mother take her elder sister away from home? The purple cow news reporter wanted to hear them, call Cai Bings sister many times, trying to understand why her mother left home and the reason for the prosecution, but it was regrettable that the other party had broken the phone many times. The two attorneys told the purple bull reporter on the phone that the case is not final yet, and is not being interviewed. Civil proceedings in the case A court trial, Mother and sister share half the heritage The purple cow journalist inquired about the case of the court of first instance in Suqian, showing that Cai Bings mother and sister all had the right to allocate property for housing demolition and fathers death compensation. The civil verdict of the case The court found the facts as follows: the plaintiff, Zhou Mouying, and Cai Moujun, the outsider, lived together in 1987, had a woman in August 9, 1990 and had a son of Cai Moujun (Cai Bing) in August 15, 1994. In 2000, plaintiff Zhou Mouying took the plaintiff alone, Cai Mou, and left Suqian to live in the field. The court judged the defendant Cai Bing to pay the plaintiff Zhou Mouying (that is mother) 79466 yuan and 103999 yuan for the demolition of the plaintiff Cai Moujun (that is, sister) on the day of the decision, and the death compensation and spiritual comfort of Cai Moujun (his father), the plaintiff Zhou Mouying should be divided into 137800 yuan, and the plaintiff CAI should be divided into 206700 yuan . The defendant, Cai Bing, should get 344500 yuan and reject other claims of Zhou Mouying and CAI. To be the son of the accused: I didnt care about me for 18 years, and I talked about money. For the past 18 years, they have never cared about me, nor have they talked to me for a long time. Then I had not come out of the shadow of my fathers death. I was really sad when they asked me to talk about money. When I received a summons from the court, it was very hard for me. Cai Bing said he was actively involved in the response. Before the appearance of the court, Cai Bing hired a lawyer and conducted a survey to find that after leaving his home in 2000, her mother turned to Anhuis vortex Yang County, living with a man surnamed Wang, and having 3 children successively. He had lost his fathers love, and at the moment of his mother and sisters resumption of affection, the sudden prosecution of her mother and sister asked to split his fathers redress with his life to make him feel the cruelty of reality again. The residence Committee submitted by Cai Bing to the court In the court, Cai Bing said that mothers request for the division of death compensation and demolition should not be supported. In 2000, she did not live together with his father in the name of husband and wife, and did not fulfill the obligation to support each other. And her mother left Suqian to live together and have 3 children with a husband and wife. After all, the mother should not pay the death compensation; in addition, the court should not support the demands of the elder sisters request for the division of the death compensation and the demolition. Cai Bing said that the death compensation is to compensate the deceaseds close relatives and live together with the deceased. Even if they are identified, the death penalty should be less than 10%. Cai Bing said that the mental damage soothing gold should be all by himself, because the death of the father only caused mental damage to himself, and did not cause mental damage to the mother and sister, and they had no emotion to the father. My mother didnt take any care for me, and didnt contribute to her father or family. She didnt take any responsibility. Why did she divide the money? I can divide the money properly with my sister, but not in this way. Cai Bing finally said to the purple cow journalist. The court issued a bulletin on Web posts: The allotted share of the heritage has been taken care of the accused After the case was made public, some netizens were talking about it. The peoples Court of Sucheng District of Suqian issued a notice on the hearing of the case in April 21st. From the court hearing of the case, the reporters found that the following four points were mainly focused on: 1, is there a fact marriage relationship between plaintiff Zhou Mouying and Cai Moujun? The court cited the law to determine that the two parties conformed to the essential elements of marriage and had formed a factual marriage, and the plaintiff Zhou Mouying could bring a civil suit in accordance with the relevant provisions of the law of succession and the civil procedure law. 2, whether Zhou Mouying has the problem of illegal bigamy. The court found that Zhou Mouyings household registration is still in Suqian, and the defendant Cai Mouyi did not provide evidence of Zhou Mouyings marriage certificate with others, or Zhous joint life with a couple in the name of a husband and wife. The written evidence submitted by Cai is not enough to identify Zhou Mouyings criminal offenses of bigamy. Zhou Mouyings domicile still remains in Suqian, and the defendant Cai Mouyi does not provide evidence of Zhou Mouyings marriage certificate with others or Zhou Mouyings joint life with others in the name of a husband and wife. The defendant, Cai, provided a proof of the residence committee to prove Zhou Mouyings bigamy. Zhou Mouying and Wang XXX lived together in the name of husband and wife for more than three children in the name of husband and wife in 2000. From the form of this evidence, the testimony of the witness should be the testimony of the witness. The witness should appear in court to accept the courts inquiry. If there is no difficulty in court, a written testimony may be submitted by the court. The residence committee is not the legal certification body of the identity relationship, and the person in charge has not been in court to accept the certificate. Only by this written proof is not enough to identify the criminal offense of Zhou Mouyings bigamy. If Zhou Mouying exists bigamy, it is also invalid after marriage. In addition, Zhou Mouying and Cai said he had returned to Suqian several times. When Cai Moujun died, Zhou Mouying and Cai were also notified to attend the funeral, and Zhou Mouying received the gift of gift, and Cai Moujuns tombstone was also engraved with Zhou Mouying. It can be seen that both sides can be connected. 3. on the scope of Cai Moujuns legacy. The court affirms the inheritance share of the house and the part of the demolition and award money involved, and explains the reasons. 4., how should the original defendant distribute the death compensation and spiritual solatium of Cai Moujuns legacy, traffic accident? The court explained that Cai Moujun did not have a will before his death, and that his first heir should be divided equally according to law. Although both the original defendants were the first order successors, the plaintiff Zhou Mouying and Cai left Suqian since 2000, and the defendant, Cai Mou, and Cai Moujun lived together with Cai Moujun, whose life was far higher than the two plaintiff, and Cai Moujuns accidental death had a greater impact on the defendant, Chua. When Kim and spiritual solatium, the defendant, Cai Mou, can score more points. Our court decided that plaintiff Zhou Mouying got 20%, plaintiff Cai Nv got 30%, and defendant Tsai Mou got 50%. Legal Discussion The fact that the fact of living together in the name of husband and wife disappears Do the factual marriage still exist After the case was spread to the Internet, the issue of a law that is not clearly defined has also aroused the attention of the legal community: in what case, the fact marriage, which had already been made up before February 1, 1994, can be found that the fact of marriage has not existed. Han Xiangbo, a researcher at the long Tu Law Research Institute, a doctor of civil and commercial law from China University of Political Science and Law, a postgraduate student in civil law, Zhongshan University, and a master of civil law in the imperial examinations, Zhongshan University: Factual marriage refers to the marital status formed by men and women who are not living together in the name of husband and wife without marriage registration according to the law. In the marriage law, whether the fact marriage has the effect of marriage is recognized. In February 1, 1994, the new regulations on the management of marriage registration in the Ministry of civil affairs are the watershed to identify the fact marriage. After the amendment of the marriage law in 2001, the fifth articles of the interpretation (1) of the marriage law adopted by the Supreme Court made a clear provision for the treatment of the fact marriage: the men and women who did not deal with the marriage registration and live together in the name of husband and wife in accordance with the eighth provisions of the marriage law should be prosecuted to the peoples court for divorce, and the difference should be made. To be: (1) before the promulgation and implementation of the regulations for the administration of marriage registration in the Ministry of civil affairs in February 1, 1994, both men and women have met the essential elements of marriage and are treated as factual marriage; (two) after the promulgation and implementation of the regulations for the administration of marriage registration in the Ministry of civil affairs in February 1, 1994, both men and women are in conformity with the essential elements of marriage, the peoples court It should be informed that the marriage registration shall be completed before the case is accepted, and that the registration of the marriage shall not be processed. This means that since February 1, 1994, the regulations on the administration of marriage registration have been established. As long as they are not registered, it is no longer a legally effective marriage to live together in the name of husband and wife. The purpose of a de facto marriage is to protect the interests of the people who are not registered but live together in the name of the husband and wife. But this recognition should not be abused. The fact that the fact marriage is recognized is because there is a fact that there is a common life in the name of the husband and wife. If the fact marriage occurred before February 1, 1994, according to the interpretation of the marriage law (I), the court could end the marriage relationship by the way of prosecution for the divorce. But if there is no divorce by prosecution, is this fact marriage going to exist forever? At present, there is no clear basis in Chinas laws. Since the fact that couples live together in the name of husband and wife is the basis for determining the relationship of husband and wife to form a factual marriage, the fact that there is no common life is worth discussing whether it should be identified as the existence of the fact of marriage. In this case, the fact that Zhou and Cai lived together in the name of the husband and wife occurred before February 1, 1994, which was the basis for the court to identify the fact that Zhou had a factual marriage with CAI. However, in 2000, Zhou Mouying had run away from home and had not lived with Cai Moujun for more than ten years. Although Cai Bing showed that his mother and other people lived together with others, the evidence failed to be adopted by the court. The court also stated the reasons in the bulletin, so Cai Bing should improve the evidence. If CAI can provide evidence of legal approval to prove that her mother and other people live together in the name of husband and wife and have other children, she has taken the initiative to end the fact. Since there is no reality of living together as husband and wife, the recognized fact marriage relationship should be eliminated. Otherwise, in the absence of litigation divorce, the fact marriage relationship is only the beginning, no end, as long as people are still alive, as long as it has formed a fact marriage, marriage relationship is permanent, this is obviously lack of legitimacy. In the application of law, we should pay attention to the form of reasoning, but when this reasoning goes against the normal reason, we should consider the purpose of the system, otherwise, the law will be seriously divorced from life.