Ming Chuan University Department of Criminal Justice

Hung, Wen-Ling Assistant Professor was interviewed by Apple Daily on May 29	2020/5/29

[Who is the victim of emotion] 4 things you should think about after adultery Hung, Wen-Ling Assistant Professor , the Department of Criminal Justice, Ming Chuan University On May 29, 109, China committed the crime of adultery in Article 239 of the Criminal Law for 85 years, and declared "Shi Zi No. 791 Interpretation" in the Constitutional Court. The crime of adultery restricts the sexual autonomy guaranteed by the Constitution and does not comply with The principle of proportionality in the Constitution officially entered history! How can the rights of the spouse infringed be protected? 1. Loss of the original amulet Regarding the definition of the crime of adultery, according to Article 239 of the Criminal Law: "Adultery with a spouse is punishable by imprisonment of not more than one year. The same is true of the adulterer." That means adultery refers to a man or woman in a marriage Heterosexual sex other than spouse, having sexual organs and other sexual behaviors, usually in addition to sexual transactions, the adulterer should have a love factor. However, when the spouse knows that another partner is having an affair, he often uses the complaint as a threat to force him to return to the family, or to obtain high moral compensation, or alimony and guardianship. According to this, after the adulteration was decriminalized, the original match suddenly lost the right to sue in the Criminal Law and returned to the right to seek compensation in civil law. When a spouse pays, will it cause second-degree harm? 2. Catch rape and destroy marriage However, the crime of adultery is really a panacea to protect marriage? According to practical experience, most of the victims of adultery cases are women, and the spouse often collects more evidence, often using all kinds of methods, or even using illegal means to find evidence through credit bureaus or steal recordings, videos, GPS, etc Tools to obtain definitive adultery evidence, but instead the defendant's crime of obstructing secrets. Therefore, in the emotional world, if the two parties rely on spouse rights to maintain each other, they cannot truly trust and support each other. Who is torturing whom in the marriage where love has passed? Who is the third party? 3. Gender relations need strength When the two sides have difficulties in living together, what needs to be considered is after adulteration and decriminalization? How to return the marriage to the husband and wife and seriously face each other's co-existence model, children's upbringing and relationship maintenance, after all, there are too many people, things and things that cannot be sorted out and need to communicate with each other. The establishment of sexual relations, whether mind or body, needs to be strengthened and accompanied. During the socialization process from an early age, families, schools and society have not taught us how to properly handle gender relations, only to constantly control and restrain each other. Too neglecting the relationship between gender equality, respect and tolerance, and even not being good at dealing with the problem of breaking up, it is often easy to make regrets that hurt yourself and others and cause the jade to burn together. 4. study and gather together Who is the real emotional victim in the adultery incident? Spouse, affair or third party? Coexistence between the sexes requires wisdom, and the relationship between the couple or the problem of marriage adaptation requires consultation guidance and emotional support. This can not only reduce the conflict between the sexes, but also resolve the marriage crisis, and help learn how to get together and reunite. Recover the value and positioning of self.



Back