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freedom and reputation

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Started 10 years ago by olsbh226746

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 Legal Evening News (reporter Ji Yan intern Li Yingying) News Click --2009 years Chen Lee met through dating sites. Began in September 2013, two feelings rapid warming in the micro-channel contact in each other "husband" and "wife." Lee's pursuit let Chen thought it was single. Soon, Lee to let Chen familiar with his career on the grounds, with visits to Singapore. During the two had sexual relations, Lee promised Chen will give a shattering proposal. After that, he made a sexual relationship. In December 2013,http://sg.summongate.com/bbs/forum.php?mod=viewthread&tid=1793176, Lee to break a relationship. February 3 this year, Chen not contact Lee, then breaking into its home, just saw Lee and his wife. This was informed that Chen, Lee married in January 2013, before also divorced. March 26, 2014, Chen filed a lawsuit to the Pudong New District Court,moncler sito ufficiale, which alleged that he paid earnest feelings, the other lied unmarried, repeatedly asking them to do the girlfriend and "wife" proportionality, to deceive his feelings. Lee's behavior violated their right to chastity. Lee asked the court a written apology, compensation for moral damages solatium 500,000 yuan, the treatment of gynecological diseases medical expenses 1540.6 yuan. Lee's attorney argued that Chen's appeal no factual and legal basis, not recognized. Recently, the Pudong New District court verdict Lee Miss Xiang Chen a written apology, compensation for mental solatium 30,000 yuan. Chastity is the right kind of right? When victims can sue against virginity right? "Legal Evening News" reporter interviewed Zhaoyu Jiao Beijing Lantai law firm lawyers,http://www.ielts.net.cn/home.php?mod=space&uid=191423,canada goose homme. Lawyers say "Virginity rights" should belong to personality rights Zhaoyu Jiao lawyer said that although the civil law tradition is not that "virginity right" concept, but people usually think, "Virginity Right" is a kind of sexual purity, sexual freedom, security for the rights of particular content, is a personality right . In accordance with the provisions of China's "Tort Law", due to the fault of the perpetrator against the civil rights of others, it shall bear tort liability. "Virginity rights" belong to a personal interest in the personality right, infringement of rights may result in the victim virginity body, health, freedom and reputation, etc. compromised. Lee lied unmarried married to get married on the grounds and Chen exchanges, to induce sexual relations with their behavior, constitute infringement of the right of chastity, Lee shall bear the corresponding tort liability, give Chen compensation. Public order and morals can be used as trial basis "Virginity rights" within the spirit of the rights, responsibility for violations "Virginity rights" in the form of general mental damages, including apology, eliminating the effects of rehabilitation,http://www.girodivite.it/spip.php?article195, compensation for moral damage. But sometimes incidental material compensation for damages, such as the woman's pregnancy causes infringer, the victim is not only mental pain, consequences such as medical expenses, lost income, lost wages and other aspects of the property will also appear. The present case, the Court Panpei the spirit of solatium 30,000 yuan, Chen made without support for compensation for medical expenses,woolrich online, mainly because the evidence provided by Ms. Chen can not prove a causal link their medical expenses and accused of violations. The identification of mental damages, the court will normally be on the basis of evidence provided by the parties,http://bbs.ithome.com/home.php?mod=spacecp&ac=blog&blogid=, based on public order and morals, social and other standards of common sense to judge the extent of the victim suffered mental anguish and loss of size. As the present case is the judgment of the Court Chen and Lee had had sexual relations, they got married and so look forward to the results based on the damage to the considerations. Spiritual compensation need comprehensive consideration Zhaoyu Jiao lawyers pointed out that the size of moral damage difficult to specifically measure the amount of money. In accordance with the relevant provisions, in determining the amount of compensation the spirit, according to the degree of the tortfeasor's fault,http://www.hengzixing.com/news/html/?100921.html, violation means,http://www.cosmeticlive.com/forum/profile/mcvdf112q, occasion, behavior,moncler soldes, seriousness of the consequences of infringement, the infringer profits, the infringer liable economic capacity and other relevant factors, as appropriate the amount of compensation is determined spirit. Case, the judge handling the case after considering that the victim compensation for moral damages of 50 million lawsuit amount is too high, so its discretion recognized as compensation for moral damages 30,000 yuan. Zhaoyu Jiao lawyers believe that in a similar tort case proceedings, the court largely determine the amount of compensation in accordance with the spirit of each of the factors mentioned above with reference to judicial interpretation provisions. Lawyers advise SMS and chats It can be used as evidence against the subject Zhao said the lawyer, whether identified the perpetrator's acts constitute infringement "Virginity rights", four areas should be considered. Just consider themselves victims of the situation in line with the relevant constituent elements,Piumini moncle, their legitimate rights and interests of persons, property, etc. have been violated, they can go to the people's court. When the prosecution can show recorded phone messages in the process of bilateral exchanges, chats,http://demo.web300.cn/free8/Review.asp?NewsID=627, the other gift, the medical certificate and violations infringed after evidence of their own body and life caused by a variety of adverse impact, because the other side to prove its the fact that the infringement caused damage. Beijing is the right to sue to chastity fewer cases to the Court, was cheated, the more a civil tort to the court filing, such as a party to cheat money, victims can sue for fraud to the court; if the other married but conceal the fact that they marry the victim can sue bigamy. Shanghai court's decision, reflecting the judicial protection of women's rights. Four elements constitute infringement of the right to chastity Acts of infringement of human existence,http://verdamilio.info/org/spip.php?article1066/, such as to conceal marital history, under the guise of marriage in the name of association Subjective existence of fault, such as intentional concealment, deception, etc. The perpetrator's behavior to persons or property of others caused damage A direct result of tort damage results Text / reporter intern Li Yingying Yan Ji (Original title: Virginity belongs bear responsibility for violations of personality rights) (Edit: SN117) 

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