On the Legal Responsibility of College Students in Love
Zhu Haidong
Abstract: Nowadays, the phenomenon of college students' love has become very common. As a universal social phenomenon, it was reflected in the social culture at that time. As an integral part of social culture, law should play a role in regulating this love relationship. From the perspective of a college student, the author analyzes the common social phenomenon of college students' love from the legal point of view, and applies what he has learned to a series of legal problems that may be brought about by college students' love, so as to make the first move before the ceremony.
Keywords: college students' legal responsibility for love
"Do not advocate, do not prohibit" has always been the attitude of colleges and universities in China towards college students' love. This vague attitude or spirit is also reflected in the law. From the legal point of view, there is no legal norm that can specify the rights and obligations of both men and women in love. The dilemma of law mainly lies in that it is difficult to draw a clear line between moral restraint and legal sanctions, and the law seems unwilling to interfere too much with this ancient love relationship, which is also not feasible in concrete judicial practice. According to this, many people will think that this is a problem of emotional treatment between each other, a problem of personal moral standards and quality, which has an incredible connection with the adjustment of legal norms, or they will agree that there is no direct and inevitable connection between the two. However, if we dig deeper, this is not the case. Many legal issues are involved in the process of college lovers' love, which can be seen from the following author's discussion. Because college students are a special group with full capacity for civil conduct, and the author is in the stage of college students and is familiar with this group, this paper discusses some possible civil and criminal responsibilities between lovers from the existing social phenomena of college students' love and some legal norms of the Basic Law.
I. Civil liability
(A) the act of giving in a love relationship
This involves how to divide and define the civil rights and obligations when the two sides give gifts to each other. When the relationship between the two sides breaks down and involves some bigger objects, there will be demands to return their ownership of something. There is a space for legal discussion here. Some scholars have pointed out that the financial behavior of mutual donation in marriage and love relationship is a gift with a purpose, but not all donors have the right to ask the donee to return the gift as long as the purpose cannot be realized. For example, female B used her boyfriend A Jun's high-end notebook for a long time, and the relationship between the two parties broke down. Male A asked her to return it and claimed that it was a debt relationship. The female B confirmed that it was a gift from the male A, although the male A did not explicitly admit (sign a contract, etc.). However, according to people's opinions, if one party puts forward a civil claim to the other party, and the other party does not clearly express his opinion in words or words, but his behavior shows that he has accepted it, it can be set as implied. The direct legal consequence is that this behavior of Party A is regarded as a gift to Party B, and Party B enjoys the ownership of the property. Further discussion, in many cases, it does not necessarily apply to implied presumption. Many love behaviors are wrapped in "gifts", unilateral behaviors and voluntary cloaks, which are actually unjust enrichment or indifferent contracting behaviors. Many seemingly reasonable courtship behaviors are actually against each other's wishes or in the form of fraud [1]. For example, in this case, the reason why the man claimed that this was a loan relationship could not be established was because it was more based on moral habits or common sense in love, and he thought that the man was actually a gift for the purpose of pursuing love, that is to say, the gift that A gave to B woman at that time was really considered a gift.
(B) College students born out of wedlock
There are also many news reports about college students having children before marriage, which will further lead to the protection of children's rights and interests. Article 25 of the Marriage Law stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. This clear legal provision also applies to the legal status of children in this case, that is, it does not affect the rights enjoyed by children, such as inheritance rights. On the issue of raising children, because of the embarrassing situation of students at school, the status of both parties (unmarried) in love relationship is more special, so our law is lagging behind in this respect. The most outstanding performance is that before 2008, colleges and universities across the country reached a tacit understanding: it is forbidden for college students to get married, otherwise their enrollment qualifications will be cancelled and bachelor's degrees will not be awarded. Whether this implicit norm promotes the phenomenon of college students having children before marriage, the author thinks there is a connection between them, but the influence is not great. The phenomenon of unmarried pregnancy among college students is because our college students' sex education in education is not enough. Our law will willingly attribute the norms of this social phenomenon to moral norms, which in itself makes college students dare not cross the line. Although this may be a success in disguise, from the perspective of the rule of law, it is a retrogression, which virtually violates the marriage rights of college students. For the protection of the rights and interests of unmarried children of college students in this social background, the author thinks that we can refer to the provisions of Article 37 of the Marriage Law: after divorce, one parent shall bear part or all of the necessary living expenses and education expenses, and the amount and length of the expenses shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. That is, both parties have the obligation to raise and educate their children, and it does not depend on the legal fact of whether they are married or not. That is to say, if the woman gives birth to a child, although the two parties are not registered to get married, the child's biological parents have the obligation to support the child, and the woman can ask the man to pay maintenance.
(3) Compensation for mental damage in love relationship.
In fact, after the relationship is dissolved, one party often asks for compensation on the grounds that he has been hurt or damaged. Our country's law does not make specific and clear provisions on this, because from the perspective of macro legal norms, the current judicial system does not involve compensation for mental damage, which further leads to the lack of compensation for mental damage in college students' love. However, as legal workers, we should not be limited to the existing legal norms, but should analyze the rights and obligations of civil subjects in place. The author thinks that this kind of situation should be recognized as voluntary by both men and women, and it is the behavior of people with full capacity for civil conduct to dispose of their rights voluntarily. There is no legal basis for women to claim compensation on the grounds of losing their youth and chastity. However, if one party uses deception, coercion, threats and other means to make the other party have sex against his will, causing serious mental, psychological and emotional trauma, the necessary premise here is that both parties have confirmed a true and effective love relationship. Therefore, if the wrong party proposes to dissolve the love relationship at this time, it should be based on the basic spirit of civil law to protect the weak and the principle of fault liability, so that the wrong party can bear the corresponding legal consequences and moral responsibilities, and support the injured party to request spiritual responsibility.
The above mainly discusses the civil legal liability between college students from three aspects that will happen more or less in their love (of course, the possible degree will be different). In fact, it is not difficult to see that there are not many legal norms in it, and in many cases, the law seems unwilling to interfere too much, hoping to gain moral power. However, college students, as a special group of society, are the hope of the country's future development, and their legitimate rights and interests should be protected by law.
Second, criminal responsibility.
(A) college students' love relationship is unstable, and blind love leads to frequent disputes.
We college students are still children in the eyes of our parents and adults who know the world well in the eyes of outsiders. This orientation is not unreasonable, because the mental development of most college students is not very mature. This view can be embodied in the love relationship. Li Minghe Xiaofang is a recognized couple in this class. Both parties have met their parents. Usually their relationship is ok, but Li Ming gradually moved away from others. One day, he was walking with his new girlfriend, and Xiao Fang happened to see him. She rushed at Li Ming angrily and slapped him twice. Say, "I'll show you when I'm dead." Then he ran into a telephone pole. Li Ming said "suit yourself" and left with his new girlfriend. Xiao Fang died in time because of the lack of rescue. So Xiao Fang's parents took Li Ming to court. If a stranger in Self-destruction is in danger, and the reason for the danger has nothing to do with Li Ming, then Li Ming walks past her with his new girlfriend and sees nothing, which is just moral condemnation. There is no crime of self-harm in our country! But in this case, Li Ming subjectively caused the other party to be in danger because of his first behavior. It is precisely because Li Ming subjectively let this harmful result happen, which constitutes intentional, so Li Ming needs to bear the legal consequences, which seriously constitutes intentional homicide. This kind of similar case life is not uncommon, because many college students' couples lack legal awareness and don't realize that this has constituted a criminal offence, so they need to be vigilant [2]. On the other hand, Li Ming took active remedial measures afterwards, such as calling 120. The court can conclude that Li Ming does not want this harmful result to happen, so Li Ming does not have to bear criminal responsibility. We have always stressed the need to strengthen the protection of the legitimate rights and interests of college students, not only because of the special group of college students, but more importantly, building a society ruled by law means providing all-round legal protection for individual citizens.
(2) Criminal responsibility for diseases.
Different cases will bear different criminal responsibilities according to the specific elements of the crime and the actual harmful results. Another example is that in a relationship, one party knows that he has sexually transmitted diseases and other infectious diseases without telling the other party. With the further warming of the relationship between the two sides, the other spouse also has this infectious disease. In this case, what legal responsibility should the offender be investigated? From the perspective of infection, it seems to belong to the crime of spreading sexually transmitted diseases in criminal law, but it is not. The author notes that this crime does not apply to the relationship between you and me, because it requires the parties to carry out practical acts such as prostitution. From the subjective aspect of the crime and the object of the actual infringement, if the perpetrator allows this harmful result to happen and carries out harmful behavior to an unspecified majority (such as promiscuity of some college students), the author thinks that it constitutes a crime of endangering public security by dangerous means, and the object of the crime at this time should be social public security. Further discussion, if the actor causes harm to a specific subject, the injured party may sue him for intentional injury or negligent injury according to the subjective aspects of the actor. How it is a fault can be analyzed from specific cases, such as judging from its subjective danger, whether necessary protective measures have been taken. Further study shows that the establishment of love relationship does not always lead to the direct causal relationship between the perpetrators and the spread of infectious diseases. In other words, different types of infectious diseases will have different legal consequences. The actor can also be exempted from responsibility accordingly. If some infectious diseases, such as gonorrhea and syphilis, are spread through sexual channels, it requires both parties to have actual sexual relations. Some diseases, such as hepatitis B, also include blood transmission. At this time, the necessary and sufficient conditions are not limited to whether the two sides have sex. Of course, the issue of proof in specific judicial practice is another matter, so I won't discuss it too much here.
(C) weak awareness of sexual safety, resulting in health injuries
Let's start with abortion. Medical knowledge tells us that frequent abortion will not only cause habitual abortion, but also do great harm to women's health. According to many news reports, with the breakup of the couple's feelings, the woman sued the man for intentional injury (which caused him to fail to conceive normally in the future) and demanded compensation. The result of this fact is a general moral deviance, which deviates from the relevant social moral concepts and ethical norms. The man should not bear any criminal legal responsibility, because pregnancy is only a result, which is caused by many circumstances. Legal norms will only lead to illegal behavior during pregnancy. In a society ruled by law, he can only be handled by the state judicial organs or competent departments [3]. From the point of view of crime constitution, it is also untenable. The woman should be aware of the possible harm to herself, but it happened on a voluntary basis and should be adjusted as a moral norm. In terms of civil liability, from the perspective of protecting women's rights and interests, the law should increase the man's civil liability for compensation, such as requiring the man to bear certain medical expenses and nutrition expenses, and the court will generally support it. In addition to abandoning babies, many couples in love often abandon or cruelly hurt newborn babies because of their lack of social and life experience and weak legal awareness. In this case, serious cases may be investigated for criminal responsibility, such as refusing to raise an abandoned person according to the criminal law, which constitutes the crime of abandonment.
To sum up, the author suggests that colleges and universities should strengthen ideological and political education to help college students establish a correct and healthy view of love. As an important part of college life, college students' love is not only feasible, but also worthy of extensive attention from all walks of life [4]. From the perspective of life experience, love in college has more or less affected a person's future social development and physical and mental health, and the harmonious construction of society should start with the benign development of each individual. From a physiological point of view, it is normal and reasonable for college students to fall in love. The key is to see what kind of love view they hold [5]. A positive and healthy view of love is conducive to the growth of college students and the realization of good wishes. The negative view of love is not conducive to the physical and mental growth of college students until they embark on the road of crime. Let them know the meaning and value of love, pay attention to laws and regulations, cultivate legal consciousness, correctly handle the relationship between love and school, career and marriage, let college students truly understand that love is the process of cultivating love, strictly distinguish love from marriage, and let love shine rationally. Know how to love, respect and have a sense of responsibility. This is also the original intention of my writing.