>> Good poly bad scattered ─ the monocrotaline how there will be spring?

The talk from Pan Yueyun event divorce system missing remove adultery Crime and Punishment

Source: the Awakening Foundation

A few days ago gained a lot of coverage actress Pan Yueyun caught rape, gained a lot of news star suspected affair has never lacked, however, the female star of the affair is always special rendering, only this time the media reported uncharacteristicallythe actress is quite a lot of sympathy, rare condemned, mainly because the actress facing marital situation, lead us to rethink the affair really unforgivable?

Pan Yueyun frankly decade marital disharmony, married for the second year on several attempts agreement divorce, but in the case of the President has always been reluctant to divorce, but it can not get along with each other, she had separated from Mr. and develop intimate relationships with others,was Mr. grasping rape in bed. Even so, the Pan Yueyun always hope Mr. concerns daughter, willing to let go and allow the two peaceful end of the marriage relationship.

This precisely because they saw the front of many people in the community the same situation with the actress, so over the years to the initiative to leave on good no-fault divorce, as well as criminal penalties dismissed consensual sexual intercourse outside marriage, so wanted a divorcepeople can be more peaceful to leave the marriage, and also let people develop an intimate relationship outside marriage, do not have to bear the criminal charges.

Current divorce system fall into sin

Current divorce system, once the two sides to enter into marriage, want a divorce only two ways, one is the "divorce agreement" both sides agree that the case; if the parties are unable to reach a consensus on divorce, the party wanted a divorce only on the court v.Please "referee divorce."

However, to be able to sue for adjudication of divorce must list each other's evil companies in order to convince the judge they can not continue to maintain the marriage. Women's groups in the past often dubbed 1052 of the Civil Code adjudication of divorce, simply Ten wicked Terms To have to constitute "abuse, abandonment, and the intent to kill each other, missing for more than three years." ... Strict conditions, get out of the marriage.

However, ordinary people trapped in a marriage and escape the marriage because of litigation threshold grave. Agreed to a divorce and adjudication of divorce law, there is no other way to go. But in the gray area between the two, it is like Pan Yueyun distress of many ordinary people, the card leaving only an empty shell marriage and do not know where to go.

Although civil reflect the part of the judge's decision gradually relaxed, able to cite reasons for generalization is difficult to maintain the marriage, the Civil Code of 1052 "serious incidents is difficult to maintain the marriage," asked the judge to referee divorce. But, in the end they are to become hostile to what extent, only enough to be identified as "serious incidents" be divorce, still rely on the judge's free evaluation of evidence, and also rely on their own experience Which judge luck.

Statistics from the Judicial Yuan, the divorce rate of "serious incidents", has gradually increased from 7% in 1998 to 50.8% in 2007, it has been more than half of the judgment of divorce prospective contracting serious incidents from (seeFigure I), that is to say, the party is not the only way to cite a particular subject matter before they can file for divorce, and include a variety of reasons can not sustain marriage, the judge, the court for adjudication of divorce standards tend to be more and more lenient. But not all people know now easier to reach the adjudication of divorce, but rather may see strict restrictions on scare.

Courage on the court, the parties to the marriage must court, the recriminations and wanted a divorce party must still accusing the other reasons, good people can not tolerate convince the judge can not sustain marriage, this is tantamount to forcing the party would like to divorce,and the other court decorum. Even if the parties recognize the marriage relationship is no absolute right or wrong, or concerns about child mood like Pan Yueyun so just want good terms with each other, peace broke up, but as long as the other side does not sign the divorce, unless decorum on the court, only one way to quietly forbear, leaving behind only the empty shell of formal marriage.

However, the people have emotional needs, when the spouse and yourself can not build intimacy, and would like to get from others, you have braved the risk of rape was arrested. Taiwan's current laws, was arrested rape is not losing money, simply apologize, but having infringed the penal law, likely to go to prison, according to the law can be sentenced to one year in prison, that is, and the spouse of a person other than consensual sexual intercourse by the National to deal with as criminals, equivalent to theft, robbery and other criminal acts.

We would like to ask is, for those want a divorce, but for our children, to mutual affection, the most basic of friendly relations between the parties would like to maintain with each other, is it just because the other side do not want to let go, you have to imprison their own emotional needs, and thenand other people can not build intimacy? Or do we want to force the party in public chatter and verbal attacks against his or her spouse, only in order to achieve the purpose of divorce? If the parties in the case of such a dilemma, with others to establish intimacy, the state then the criminal law to punish individuals lust, really reasonable? Divorce system in Taiwan has long been unreasonable, and the delay can not be removed for adultery, which double shackles tantamount to national trap people's marriage became escape purgatory, consuming national resources to intervene adult erotic relationship, forcing the people to bear committing a criminal the stigma of the law. Good terms, peace broke up, Why is it so difficult?

The country should not punish adults your situation I would love relationship

Due to the existing law, and the spouse of a person other than consensual intercourse is still a crime, suspected spouse having an affair, in conjunction with police broke View. While we can understand the pain and hurt, betrayed spouse However, we should change the perspective, adult emotional grievances, the deployment of the national police and the judicial system to deal with whether it is appropriate? Emotional disputes occurs when young people, adults always be in good terms to persuade, but why, when marriage emotional disputes between the two parties, had to ask the police to break the grasp of rape? The work of the police is to maintain public order and social order, and we really want to spend the national police force to deal with the private emotional grudge?

Although we do not support the national discipline the the affair derailed, but this is not to say, the affair behavior, we support marriage deceptive hurt the other side of the emotional deception will seriously damage the trust relationship of the two to the Criminal Code, but deceit is serious enough toneed to become a criminal offense penalty is really worth the deliberations.

If we think that the conclusion of the contract the parties entered into the marriage, then did not get the consent of the other sexual relations, and others, up is to abandon the conventions of chastity in the marriage contract, then, we ask that the burden of the covenant civil liabilityis reasonable. Taiwan's current laws already drew the civil compensation for the spouse of having an affair, it is equal to protect the interests to be cheaters.

Moreover, having sex with others, they hurt the emotions of the spouse, rather than loss and the spouse of freedom, privacy, property ... and so on fundamental rights, national police intervention in private life at this time, not only to safeguard the fundamental freedoms of the people,instead to become thugs grasping rape, sexual autonomy against the other.

The existence of the crime of adultery can not save marriage

Grasping rape news from time to time, but we may not have noticed, are grasping rape against the accused "prejudice the secret last Ikunori News, assault, invasion of homes, and obstruction of freedom" ... and so on Crime and Punishment, Crime and Punishment often higher thanadultery, that is and Gao Ying adultery, even if successful, may have caught rape means illegal, has been sentenced to a heavier crime and punishment. Taiwan adultery maximum sentence of one year, but in recent years, the jurisprudence, judges rarely sentenced to more than six months, but when it comes to illegal eavesdropping, may be punishable by three years imprisonment. That the figure is not warned everyone to use legal means to focus on rape, but would like to remind people caught rape, infringe on the privacy of others, and obstruction of the freedom of others than emotional betrayal more difficult to be accepted in this society today.

When this initiative to repeal the adultery a criminal offense, it has encountered a number of lawyers said, grasping each other a lot of wife adultery, not to punish the other, but because adultery is sufficient to constitute grounds for divorce. Just as previously said, we understand that when a marriage is in crisis, and the other for refusing to sign the pain of divorce, however, if the parties to move towards divorce one way, "grasping rape" is not necessarily a necessary course of means.

If the last few years judgment of divorce the subject of change can be clearly seen, the use of the other consensual sexual intercourse with others adjudication of divorce cases has become less and less, to less than 0.1% in 2007, less than 100 people a year mining this reasonthe judgment of divorce; ratio, but rather adopted the major reasons for divorce have been over half in 2007. In other words, even the court inclined to leniency finds that the grounds for divorce, so if you really want to move towards referee is not necessarily the means necessary to divorce one way to grab the rape.

Gender inequality in effect punishing affair

Comes affair issues the inner surface version of the story is always abominable Mr. breaking hard with children at home homemaking wife, unaffected and beautiful young girl hooked up. However, this affair image ignored the needs of married women lust, also highlights that society can not tolerate women affair.

Social Science Center of the National Science Council postdoctoral fellow officer Xiaowei analyzed according to the statistics of 1999 to 2005, the court referee adultery, husband accused of adultery, there is a 50% chance of being withdrawn sue, but for a wife accused of adulteryonly 23% were withdrawn, In other words, a husband for his wife's affair is more can not be tolerated. Therefore, even if the number of Mr. defendants adultery more than his wife, but according to the judgment to determine figures, the number of persons convicted last wife more than the husband (wife was sentenced to 209 people, sir, was sentenced to 181).

In addition, over the years, women's groups also pointed out that the majority of the wife will be revoked husband to sue, but reserved for women a third party to tell. Statistics from the official Xiao Weibo done, really can be found, the number of the women third party lawsuit has been far higher than her husband (the women third party defendant number 512, Mr. 420), if more operators into the husband was far more than has been withdrawn, the third party female the last Mr. suing only 210 people, and the the women third party up to 349 people.

Article from the law point of view, adultery seemingly "gender equality" between men and women are fine, but from the practical operation-oriented perspective, the existence of the crime of adultery, but caused effect of punitive More women, whether it is to punish women third partyor punish cheating wife. The adultery generally visible in the community can not stop men having affairs, but subject to the criminal charges are brought against the female more. It also highlights the irrationality of the criminal punishment of adultery, a seemingly equal laws, but because of social tolerance for men having affairs is much higher than women, the cause of gender inequality in the legal effect.

In practice, we have also seen many women spend a lot of money grab rape, but often it is not the judge as valid evidence, it may be Zhengxin She pit of money, nor help restore marriage, her husband still do not look back, even money to help third partysolve the lawsuit, or turn against the wife prejudice secret assault, invasion of homes, and obstruction of freedom "heavier crime and punishment. First wife caught repeatedly raped and psychologically has been in constantly tearing wounds, difficult to calm state of recovery, and the children are also involved in emotional turmoil. Criminal law remain adultery, also continued to justify media reports celebrity affair Privacy excuse.

Therefore, we believe that the national police and judicial resources, its cost by the State to come forward to encourage emotional retaliation doctrine and national resources to provide More marriage counseling and emotional education pipeline. Therefore this Council considers amending the law should be to promote the removal of the criminal law of adultery, and ways to retain civil law claims, and marriage to return to the solution of the Civil Code and emotional counseling education.

As for the system of amending the law of divorce, women's groups have proposed separation system and divorce mediation draft, which is to the court ruled that registration of separation, three years after the divorce, but this must be done in three years to parents raising childrenand other obligations, and to coordinate the distribution of marital property after divorce, child custody and other effects; or by the court's mediation committee to deal with divorce matters. We hope to be able to carry out other options in addition to the two extremes of divorce by existing laws and adjudication of divorce, let the people choose. Divorce or an affair of course, is a complex emotional problems, but the state should promote institutional amending the law, as well as provide more marriage counseling and emotional education, emotional problems towards the peaceful separation of the private sphere of the people, good terms, cultivate a respect for the individual culture of privacy and emotional independence.