The woman is forced to marry rich 2 generation, after marriage derailed by coercion to sign 100 thousand ious, how should judgment?
Case review Mr. Qian Zhongshu once said: “Marriage is a besieged city, people outside the city want to get in, people in the city want to get out.This sentence, in our today’s protagonist Xiao Li (pseudonym, the name of the article are pseudonyms) has been very good confirmation.Xiao Li was born in Henan province in 1991. She grew up in a poor family and her parents were farmers.Two people in the home, because parents from childhood son preference, think the girl will marry out sooner or later, therefore, the father often “lose money goods” hanging in the mouth.However, Xiao Li is gifted and intelligent, and her academic performance has been among the best.Her father had tried not to let her go to school. Finally, under the persuasion of the teacher, her father was able to let Her continue to study.In the end, Xiao Li lived up to expectations and was admitted to a well-known university in China with excellent results.Xiao Li stepped into the university for the first time and was attracted by the colorful campus life.Due to her outstanding appearance, Xiao Li was surrounded by admirers during her university years.In the numerous suitors, xiaoqiang is particularly prominent, not only handsome appearance, but also a student cadre.The only fly in the ointment is that the small qiang family is relatively poor.In xiaoqiang’s fierce pursuit, soon they fall in love.Blink of an eye 4 years university career ends, two people still maintain beginner’s mind.After two people discuss, xiao Li decided to bring xiaoqiang home.However, when xiao Li’s parents are informed of xiao Qiang’s family circumstances, parents hold an attitude against.Eventually, in small beautiful parents force below, 2 people can choose to part company only.In September 2015, Xiao Li’s parents forced her to marry a second-generation rich man in town in order to let her brother get married smoothly.Finally, Xiaoli gave in and chose to marry the rich second generation. Her parents also took the bride price from xiaoli’s husband’s family to marry her brother.After marriage, Xiao Li and her husband’s marriage is not happy.At this point, xiaoqiang appears again, often comfort Xiaoli.At first, the two were just friends.But time is long, two people secretly stole a feeling.For convenient affair, small strong also comes to the city that small beautiful is in temporarily to work.”Paper is never wrapped fire”, soon xiaoli’s husband will be aware of his wife’s abnormal.In July 2016, Xiao Li’s husband led a crowd to block Xiao Li and Xiao Qiang in the rented house, and caught the rape in bed.At the same time, the husband also forced xiaoqiang, Xiaoli signed 100 thousand yuan iOU, xiaoqiang and Xiaoli two people whether to repay the 100 thousand arrears?Case analysis In the process of case judgment, whether the evidence submitted by the parties has legal effect and whether it can be used as evidence of the case, in addition to the examination of the evidence itself, it also needs the subjective judgment of the judge.And the judge’s subjective judgment is the so-called free psychological evidence in law, so what is free psychological evidence?The main connotation of the principle of free psychological evidence is that the law does not set mechanical rules in advance to instruct or constrain the judge, and the judge judges the evidence and facts according to empirical rules, logical rules and his own rational conscience.In short, free psychological proof is to judge the selection and proof of evidence through conscience and rationality, and finally form the system of conviction.Although free psychological evidence is not clearly stipulated in Chinese law, it can be seen everywhere in practical judicial practice.In addition, arrears are loan contracts, and according to the Contract Law, a contract that one party coerces another party to sign is invalid.However, a judge must take effective and reasonable evidence as the basis for judgment when trying a case.In this case, if xiaoli and Xiaoqiang can prove that in the signing of iOU had suffered the other side of coercion, then the IOU does not have legal effect, two people do not have to repay the 100 thousand yuan debt.If two people can not prove, then the judge needs to make a subjective determination, two people have been under duress.If the judge fails to determine the case at the end of the trial, the party bearing the burden of proof shall prove the relevant facts according to the provisions of the Civil Procedure Law of China on the burden of proof, or bear the corresponding adverse consequences.In short, if xiao Li, Xiao Qiang two people can prove that when signing iOU had been forced, then two people do not need to bear the corresponding legal consequences, if not, need to bear the corresponding arrears.