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Unlike other novice father, Li Xiaohua (pseudonym) did not feel ecstatic after her daughter was born, but was a little uneasy.
From the time when the child was born, Li Xiaohua was not around when his wife was pregnant.
After a long psychological construction and ideological struggle, Li Xiaohua still couldn’t eliminate his doubts, so he secretly took his daughter to make a parent -child identification.
According to the DNA report, children are really not their own!Li Xiaohua collapsed completely and asked his wife with a report. What is going on?
When he saw that he couldn’t hide, he had to admit that when he worked outside the work a year ago, he was sexually assaulted and did not want to get pregnant.
Although his wife has always emphasized that because the child is Li Xiaohua, he will choose to be born, but will Li Xiaohua accept it?”Today’s headline”
The daughter is born, and the heart is uneasy
Since the birth of her daughter, Li Xiaohua’s family has been immersed in a happy and peaceful atmosphere, especially his wife, and personally made some small clothes and pants for the child.
Only Li Xiaohua was a little gloomy and asked him what he had, and shook his head without talking.
His wife Qi Mou was only a male light and daughter, and comforted him that the next child was just a big fat son.
However, one thing, like a stone, was pressed on Li Xiaohua’s heart, making him breathless.
He didn’t dare to tell others, but he couldn’t figure out how he couldn’t understand.What the hell is so difficult to settle?
Things have to start with his wife’s pregnancy. The wife worked in foreign provinces all year round and rarely returned home.
When she was pregnant with her daughter, her wife ended her career after working outside. The first month after returning home, the news of pregnancy was very sudden.
The time for his wife’s pregnancy is not very right with the time of the two people’s sex, but after all, it is not a professional doctor, and Li Xiaohua cannot be clearly determined.
But in Li Xiaohua’s heart, he buried the seeds of suspicion.The thought of his wife might betray herself, hooked up other men outside, and was pregnant with other people’s children. The anger in his heart burned.
But every time I see his wife, he is virtuous and he cares about himself, and he cares for himself, and he also filially his parents. Li Xiaohua also persuaded himself to believe in his wife.
However, now her daughter is born, Li Xiaohua is becoming more and more disturbed.The time to push from the time when the daughter was born should be before the wife returned home from a foreign country.
Sometimes Li Xiahua hugged her daughter for a long time, looking at her eyes, nose, and mouth, the more I saw that no one was like herself.
Parent -child identification, the truth is great
Thinking about it, in the end Li Xiaohua decided to take his daughter to do a parent -child identification.
Originally, I wanted to make an appraisal, which could dispel my doubts, but I did not expect the identification results to confirm her judgment. The daughter is really not his biological!
For a while, Li Xiaohua was angry and reported to his wife with the results of DNA testing.
"Say! Who is this child!" Li Xiaohua tried the report on the table.The wife looked at him in confusion and didn’t know what happened.
It wasn’t until I opened the report and read it that her husband was carrying himself and secretly went to the parent -child identification.
"I don’t know! I really don’t know. I thought the child was yours, and I would … otherwise …" The wife began to be unparalleled, and her eyes were full of tears.
Before quarreling, as long as his wife was first -class tears, Li Xiaohua must be softened immediately, whispered and comforted.But this time, he did not have a soft heart compromise.
Thinking of the time of love, it seemed like a phantom. Li Xiaohua had a face with a face, and his wife must explain what is going on.
The wife knew that she couldn’t hide it anymore, so she had to tell the truth.It turned out that when she worked in Shenzhen last year, she was sexually assaulted.
The wife was originally a waiter in a hotel in Shanghai. She was greedy and black, with a long time of work intensity, and her salary was not high.
Later, the fellow sisters who worked in Shenzhen persuaded her to pass, saying that Shenzhen was golden everywhere, and she could go home to build a building for a few years.
Qi Mou was a little excited after listening.She has been married to Li Xiaohua for more than three years, and has always been a state of separation between the two places. It was either she worked outside or Xiaohua worked outside and leaving someone to take care of the elderly at home.
She wants to get enough money soon, and the couple can do a small business together at home, and there is no need to separate.
She knew that her husband was sensitive and delicate, and she would definitely not agree to let her go to such a mixed fish and dragon in Shenzhen alone.
Qi Mou thought about thinking for a week, and finally decided to carry Li Xiaohua, resigned from Shanghai, and ran to Shenzhen.
According to the hometown, she found a job in a foot bath shop in Shenzhen and was responsible for washing and massage for guests.Although the class of more than ten hours a day, the income is satisfactory.
After half a year, Qi Mou sent money to the house every month, and Li Xiaohua had never found any abnormalities.
Originally, I thought that this matter could be kept up all the time, until I saved enough money to go home to do business, but I didn’t want to have an accident.
One night, Qi Mou gave a single male guest to wash his feet, pressed his back and planned to leave, but was pressed on the bed by the guest.
Qi Mou desperately struggled, but after all, she was a soft woman, which was not as powerful as men.This shameless guest had sexually assaulted and threatened her not to speak.
Later, the company came forward to mediate. The guest gave Qi Qi some so -called reconciliation money and forced her to sign a reconciliation letter that was no longer pursued.
Qi Mou’s work in the foot bath shop couldn’t do it anymore, and he decided not to go home before working.But what I never expected was that before returning home, Qi found that he was pregnant.
At the beginning, Qi Mou couldn’t be sure when the child in his stomach was pregnant, and he hoped that it was Li Xiaohua.But I did not expect that in this world, paper could not be covered.
After leaving Li Xiaohua, Qi Mou was crying.Li Xiaohua sat on the chair, and he knew that he should understand his wife.After all, Qi Mou was also a victim. He encountered such humiliation and had to bear it alone.
But emotionally, Li Xiaohua was still unacceptable. The daughter lying in her arms was not her.She will be like a huge wound in the hearts of herself and his wife forever.
Li Xiaohua is a kind person. Even though there are all kinds of resentment in his heart, after all, the child is innocent and should not bear the consequences of this error.
But after all, there was a heart in his heart. When he saw his daughter’s face, Li Xiaohua and his wife would think of this humiliated past.
After calming down, after discussion, the two decided to give their daughter to Qi’s father first, and the child’s grandfather was temporarily raised.
The husband and wife live together. After having their own children, the injuries in their hearts slowly heal, and then pick up the child back and raise them together.””
【Lawyer Said】
Li Xiaohua and his wife’s encounters have aroused extensive heated discussions in society.Some people show sympathy for Li Xiaohua. They were wearing a green hat and helped people raise children. It was the humiliation that every man could not bear.
Some people condemned Li Xiaohua’s wife who was not loyal, and the husband and wife should have been treating frankly, let alone a major event such as pregnant and having children.
More people are concerned about this child who has no blood relationship with Li Xiaohua. As the daughter of a rapist, how much pressure she will bear in the future.
The crime of rape refers to a criminal behavior that violates the wishes of the victim with violence, coercion or other means to violate the wishes of the victim and force the victim to perform sexual behavior.
At that time, the guests who were sexually assaulted at that time, if they met the two conditions of "using violence, coercion and other means" and "violating the true will of Qi Mou", forcibly and Qi had sex with Qi, they would have been suspected of rape.
According to the provisions of my country’s criminal law, the legal punishment of rape is more than three years and less than ten years of imprisonment, and those who have a legal aggravation of the circumstances are more than ten years of imprisonment, life imprisonment, or death sentence.
Although Qi Mou did not call the police in time after being sexually assaulted, and was forced to accept the reconciliation gold under pressure, the crime of rape was not applicable to criminal reconciliation. Qi Mou could still rape and tell her man.
According to my country’s "Criminal Procedure Law", criminal reconciliation is only applicable to some specific public prosecution cases, and not applicable to cases such as rape crimes that reach the death penalty.
At the same time, the crime of rape, as a case of public prosecution, has reached the death penalty of his high sentence, so its prosecution time can be the longest time, that is, twenty years.
Therefore, although it has passed for more than a year, Qi Mou can still sue with rape and can apply for judicial appraisal in the judicial appraisal department to provide strong evidence for the trial of the case.
According to my country’s "Civil Code", father and mother are the legal guardians of their minor children, and their parents have the obligation to support, educate and protect minor children.
However, after Li was appraised by the parent -child, he found that his daughter was not his own, that is, there was no blood relationship between him and the "daughter", and there was no legal "father and daughter" relationship in the legal sense.
Then, the law requires that these obligations that their father should bear with their children has no binding power to Li Xiaohua.
From a legal point of view, the lifting of this legal relationship has "traceability" and can be traced back to the time of the child’s birth.The inheritance, gifts, etc. during the period did not produce legal effect.
The confirmation of custody rights does not necessarily be premised on the existence of blood.For example, the relationship between the parents and the children has the relationship between in -laws and education, but does not have blood relationships.The difference is that this right and obligation can be lifted.
For example, before doing parent -child identification, Qi told Li Xiaohua about the situation of his daughter’s life. Li Xiaohua had no objection to this and proposed to raise his daughter with Qi Mou.
In this case, it can be regarded as a adoption relationship between Li Xiaohua and this daughter, and it should be confirmed from the law to confirm their adoptive father and daughter relationship.
Then, Li Xiaohua should assume the law as the obligation that his father should bear, and also enjoy the corresponding rights according to law.
However, if Li Xiaohua could not accept Qi Mou to deceive himself and give birth to the fact that he was not his own daughter, he decided to divorce with him. In this case, the general court would judge that the child was raised by the woman, and the man would not pay the support fee.
After the divorce of both husband and wife, because the man and the child had no blood relationship, the man had no obligation to pay the child’s nursery fee, and even the nursery that had been paid before the divorce could be refunded in full or partially.
It can be inferred that if Li Xiaohua divorced his wife Qi Mou, Li Xiaohua was unwilling to continue raising. This "daughter" who had no blood relationship with him could ask the court to determine the support of the support. "Daughter" should be raised by Qi.Payment for support.
If Li Xiaohua was born to celebrate the birth of the "daughter" and gave some personal property or the common property of the husband and wife to the "daughter", Li Xiaohua had the right to ask the court to confirm that the gift was invalid and returned to his property that belonged to his propertyRapid.
Because this kind of property gift is attached to certain conditions by default, that is, the child who accepts the gift must have a blood relationship with himself. Once this condition does not exist, the gift of the gift will have the right to be on the day of the year from the day of knowing., Proposal to revoke gifts.
Theoretically, as long as the child’s biological parent, there is the obligation to raise children, no matter how they become the parents of their children.
Children defined in laws and regulations such as "Civil Code" include children of marriage, children of non -marriage, and adopted children.
Non -marriage children include various cases, including children born to men and women before their marriage, children who have derailed in the marriage of men and women, and they are pregnant during their marriage.
Therefore, for Qi’s daughter, the child’s biological father has a statutory support obligation and cannot refuse.
The "Civil Code" also emphasizes the protection of non -marriage children, and stipulates that non -marriage children have the same rights as children of marriage and children, and no one may harm and discriminate.For the biological father who does not directly support the children of non -married children, the support fee for minor children should be afforded.
What needs to be explained, abandoned sin is also applicable to non -wedding children.If Qi’s daughter’s biological father refused to bear the obligation to support his biological daughter, if the circumstances were bad and caused serious consequences, he could also investigate his criminal responsibility.
Conclusion
Every family has its cupboard.Whether Li Xiaohua or his wife Qi, their encounters are sympathetic.
The most unfortunate is their innocent daughter.As the daughter of a "rapist", her life has shrouded the tragedy before it starts.
The law may have no temperature, but we still hope that both Li Xiaohua or his wife, we have exerted the greatest glory of human nature, let go of the pain and nourish this unfortunate child with love and tolerance!”头”
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