[Lawyer’s interpretation of a 20-year-old girl with mental disabilities to marry an old man: Whether the marriage is effective depends on the girl’s perception of marriage]

On February 28, it was reported online that an underage girl in Henan was married to a middle-aged man. It is reported that the woman is 20 years old and the man is 55 years old. The two only held a wedding without receiving a marriage certificate. In this regard, lawyer Huang Xiong stated that marriage must satisfy the principle of complete voluntariness. If the girl cannot express her wish to marry, the parents cannot make the marriage decision on behalf of the child, and cannot be forced or arranged. Marriage that does not meet the conditions of marriage is suspected of violating the Marriage Law, and the marriage can be revoked. (Boiling point argument)

[Civil Affairs Bureau responds to a mentally retarded girl marrying the elderly: if there is no capacity for civil conduct, it is an invalid marriage]

Recently, Zhumadian, Henan. Video of “mentally disabled girl” marrying an elderly person circulated, and onlookers said that the girl was a blessing. On March 1, the Civil Affairs Bureau of Zhumadian stated that people with low intelligence may not be granted a marriage certificate or be an invalid marriage depending on the circumstances. (The Paper)

[55-year-old man responded to marrying a young girl with mental retardation: the other parent did not ask for a gift, just let me be nice to her]

The marriage of a 55-year-old man to a young girl with intellectual disability in Biyang Gaodian Town, Zhumadian, Henan Province, triggered heated discussions among netizens. On the afternoon of March 1, Zhang Moumou, the man in question, responded to The Paper and stated that he was 55 years old this year, and the girl was 22 years old, and he had reached the age of marriage. Both families of this marriage have agreed. The two parties have simply hosted a banquet, and have not yet applied for a marriage certificate. They plan to go to the town to apply for it tomorrow. In response to the message that the girl’s parents received 10,000 yuan in gift money from the man’s family, Zhang said that he originally wanted to give the girl’s parents 10,000 to 20,000 yuan in gift money, “but they don’t want it, don’t forget it, and say that as long as I treat the girl Just be fine, take good care of her”. As for why the girl was crying in the online video, Zhang said that she was not familiar with her when she came to his home for the first time, “recognizing her birth.”

Zhang Moumou told The Paper that the girl’s disability is more serious and she “cannot speak and cannot walk.” He had gone out to work a few years ago, but because his 80-year-old father was in poor health in recent years and was bedridden for many years, he had to go home and earn a living by farming. Now that I have to take care of girls, I can’t go out to work, and my life is under pressure.

According to an earlier report by The Paper, it was reported online that a young “mentally retarded” girl in Zhumadian was married to an older man. The online video showed a young woman and the man wearing hi-flowers on their chests. The woman cried from time to time while sitting on the chair, and the man wiped her off. In the video, a woman said, “Normal people do not have this kind of treatment yet. How kind the groom official treats you…Don’t cry, don’t cry, you’re at your new home, don’t cry.” Zhumadian Women’s Federation responded Said that the local public security, civil affairs, disabled people’s federation and other departments are checking. (The Paper)

[Officially, it is not true that an elderly man from Henan marries a minor girl. 55-year-old groom: he will live a lifetime for a 30-year-old bride]

Recently, a video about “an old man marries an underage girl as his wife in Gaodian Town, Biyang County, Zhumadian City, Henan Province” has been circulated on social networks. On March 1, an official in Zhumadian, Henan, responded to reporters saying that after preliminary investigation, the incident was a misunderstanding caused by the bride’s “baby face” and was an untrue statement. Mr. Zhang, the 55-year-old bridegroom, told reporters that the newlywed wife is 22 years old and the marriage has been approved by the woman’s parents. “I am very happy to be married. Although my wife is mentally disabled, I will treat her forever.” (Upstream news)

On March 1, the director of the local police station stated that the woman’s household registration indicated that she was 20 years old. In other cases, the civil affairs department is investigating. Some media learned from the Propaganda Department of the Zhumadian Municipal Party Committee that the local area has noticed the online video transmission, and multiple departments such as the public security, civil affairs, and women’s federation have intervened in the investigation.

On March 1, Zhumadian, Henan. On February 28, it was reported online that an underage girl married a middle-aged man. In the video, a suspected underage girl kept crying, and the man wiped her tears with a tissue. The suspected girl’s mother was wearing a red dress and looked happy. On March 1st, @ swirl video learned from the Propaganda Department of Zhumadian Municipal Party Committee that the relevant local departments are verifying and investigating the situation.

zhiwo

By zhiwo

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helpmekim
7 months ago

I saw this news during the day. To be honest, I didn’t dare to answer, because I was afraid that I would be sprayed if I answered. Seeing again late at night, I always feel like I have to say a few words. This kind of thing is very common in rural areas. Women with intellectual disabilities are married to the disabled, or married to older single young men. On the one hand, it is to pass on the lineage, which is the top priority in the countryside. On the other hand, it is also for someone to take care of these disabled women. I know that some netizens will say that these disabled women have no autonomy and such marriages are not legal. I agree with this basic point of view. But I also talk about the rationale for the people to do this: After the parents of disabled women die, the disabled women are not supported. This is the biggest reason. At present, measures such as rural medical insurance or nursing homes are not enough to support such people to spend their lives. Does the state give money? Of course, you can give up to 1-3000 every month. But someone has to take care of it, right. In contrast, marrying a man, at least in name, his wife, he is obliged to take care of the woman. If you give birth to a child, you can still have a chance for the child to have a good future. When the parents are dying, there will be a person to die. This is also a very simple cognition in the countryside. It just so happened that relatives in the family helped raise the offspring of the disabled. That elder sister had already married and had a son, passed the postgraduate exam, and became a teacher. Her father had some intellectual problems, and her mother made a living by picking up tatters, which was regarded as the gender swap in the question. But after she graduated from elementary school, she was raised by my relative. It is precisely because of such an example that people are willing to match this way. Even if the parents cannot, at least the offspring can rise up. This is another basic cognition. Many people see this news and are angry at the derogation of women and the degrading of personality, but when you really look at it in depth, you will find that you are full of helplessness. A man is helpless if he can’t marry a wife. There is no one to take care of disabled women in the future, and they are helpless. The country’s security system is not perfect, and it is helpless. What should I do if I am replaced by you? One year in college, we went to study at an autism school and saw those parents, grandparents, and grandparents taking care of children with autism so that they could take care of themselves in the future. I couldn’t help asking the teacher: “Waiting for their parents After passing away, these people still can’t take care of themselves. What should I do?” “Don’t worry, their parents will arrange it.” The teacher replied to me.

heloword
7 months ago

This question has been invited for a long time, and there has been no way to answer it, because it is really sad; because for those who are really pitiful and unable to fight against fate, it is really an extravagant hope to live, this girl’s It’s a lucky thing to be seen by everyone. If you encounter problems later, there is a high probability that she will be seen. I hope she can be lucky enough to encounter kindness; I hope that similar things like this can have better solutions that can be implemented in the future. ;

helpyme
7 months ago

There is such a mentally retarded woman in my home city. She may be a little better than the girl in the news. She can speak simple words, but her face looks good, and her walking behavior and posture can be seen at a glance as a mentally retarded woman. Now she is over 40. Now, her luck is that the family is super rich. Her father was an official in our city in the early days, and later in business. It can be said that he is a person with a face and a face in our city. Her mother takes her wherever she goes every day. There is also a babysitter who goes along with him. Because my family has a chess room for a while, usually her mother will take her out to play mahjong in the afternoon. Her mother plays mahjong, she has a babysitter, and the babysitter takes everything to the toilet. She will be afraid of life, so she needs to go to the nearby supermarket to buy some snacks to coax her and take it to the street for a walk. I need a babysitter to help me eat because my hands are not coordinated. Anyway, all the trivial matters above are taken care of by the nanny. The salary of our service staff is about 25,000 or so. Her mother paid a salary of four or five thousand to a personal nanny, just to take care of her daughter for the sake of money. Some people in small places are willing to do this job. There are other babysitters in her family who do housework. Being born in such a family can be said to be a blessing in misfortune. However, since this girl was in her twenties, she often clamored “I want a boyfriend”, just like a child clamoring for toys. When she met acquaintances she knew, she would often ask others to find a boyfriend. She saw women called sisters, and said to every sister she knew, “Please introduce me to a boyfriend.” She was stupid. Clothes are always clean and clean, and the level of cleanliness is higher than that of children in normal households. I remember once seeing her wearing new clothes for attachment, and I was shocked. The smile on her face is as simple as a child. Even often bring some precious snacks to familiar children, she will add and subtract within ten. Know the word “up and down”. When the neighbors saw her, they would praise her as beautiful, beautiful, and awesome like a kid. The nanny will also take her to play with children, not aggressive. Some parents can also accept that their children play with such mentally handicapped people. Her life is not alone. So I once took her by the hand and took her to buy snacks and chat with her. I asked her what she wanted, and she said, “Sister, everyone has a boyfriend, and I want a boyfriend too, why can’t I find a boyfriend.” I don’t know if she can understand what a boyfriend is. Her expression is always simple. Every time I look at her, she is smirking. She shouldn’t have encountered any evil since she was a child, after all, her family is really not easy to mess with. Her mother would rather take this stupid daughter with her for a lifetime. She felt that giving her daughter to a “boyfriend” would tarnish her daughter’s innocence, even if later her daughter could quarrel with her boyfriend in front of a house. My mother would not consider finding a boyfriend for her daughter. Because she thinks that if her daughter has a relationship with a man, it is an insult to the family. (Digression: Have you ever thought about a problem. She is mentally unhealthy, her brain is disabled, but her body is healthy, so she will have a period. Physiology will mature. Finding a “boyfriend” may also be an animal instinct) Of course many people do I feel that this mother is very righteous and unwilling to abandon this mentally retarded daughter. She is willing to spend money and take it with her. It is well taken care of in life. Let this unfortunately mentally retarded daughter feel maternal love in this world. But the mother who let her handicapped daughter marry in the news does not love her daughter less than this mother. Maybe she was stuck with this daughter every night and every day for the first half of her life. But she can’t afford a nanny, the financial strength of this family is too important. You can’t work to make money even if you move around your daughter. In the past two decades, the physical and psychological pains he has given to the child far surpassed that of the mother. Anyone who has brought children should know the kind of hard work. In my hometown, I have seen the kind of mentally handicapped girl who is unattended. I don’t know when, a stupid girl popped up on the street. No one knew where she came from. She looked for a trash can. She lived in her shack, dirty all day, eating from the trash can. When she wandered on the street, she was helpless, and she didn’t know how she wandered to our street. No one cares about her. When someone has leftovers at home, it is already a great kindness to pour some to her. No one would wash the bowls she picked up for eating. When the menstrual holiday came, blood stains flowed down from both legs. There is blood flowing down the entire lower body. People who come and go see her no different from watching a stray cat or dog. If a cat or dog wags their tails and looks cute, they can even be adopted by kind people to end the stray. But this poor woman lives in the world worse than an animal. What’s more pitiful is that some bad old men gave her a lollipop and coaxed to have a relationship with her. I heard from the woman that at least five or six single old men would have a relationship with her from time to time, and come back to her hometown during the Spring Festival. Some gossip people said that she was pregnant. When the house was frozen in the twelfth month of winter, her clothes couldn’t cover her small belly and she still smiled silly. Later, I seldom go back. I heard that the government took it to induce labor. , But after that, she still wanders on that street alone, still giggling. When I saw her, I really felt sorry for her from the bottom of my heart, but I couldn’t help her except my cheap sympathy. I will not hold her hand, wash the dishes for her, or talk to her. I would hide far away when I saw her because it was so dirty. If you pay attention to stray women with intellectual disabilities, basically everywhere stray women with intellectual disabilities will be coaxed by single old men to have sex. It is not uncommon. This kind of girl’s destination, if there is an old man who is willing to take in, give her a fixed shelter from the wind and rain, and eat a bite of hot meal. Change clothes once in a while, two tiny dusts are companions in the world. Really better than wandering around the trash can. Being spurned and bullied by one after another. Don’t the Women’s Federation and the government know of her existence? For sure, the street office must know. But they have no place to send this mentally retarded girl, and civil servants want to help her, but they can’t take her home. Can only let her wander. You can’t rent a house for her, and ask a nanny to take care of her. Perhaps when there is a city appearance inspection, these vagrants with intellectual disabilities will be sent to another city, and then find a trash can in another city to live. Maybe this is how she came to our city. Some lives in the human world really come to suffer. Said in the news. On the afternoon of the 1st, the county’s public security, civil affairs, courts, women’s federations and other departments held a special meeting on “55-year-old man marrying 20-year-old woman with intellectual disabilities”. The meeting concluded that it is not illegal for Mr. Zhang, 55, to live with a 20-year-old woman with intellectual disabilities. This kind of mentally handicapped women, at the bottom of the bottom, the government has no place to settle them. If anyone is willing to settle them, the government will breathe a sigh of relief. It is possible to rationally discuss how future government agencies can increase their efforts to help the disabled at home, but at this stage, do not be excessively harsh on these parties in the news. Their lives are not good, they are pitiful enough, and they have to be so much. People scolded, if the girl’s mother can be raised like a rich and mentally retarded girl, who wants to give it to others. They also want to find a place for their daughters like ordinary parents who marry their daughters. In the eyes of outrageous netizens, the world is either black or white, all flowers should be cared for, and everyone should be treated tenderly. People with mental disabilities should also be loved for a lifetime. We all want this ideal world, but it really doesn’t exist right now. In the real world, how many people who are not as dead as dogs are living, and those who want to use the keyboard to be kind, next time I meet the stray mentally retarded people on the street, how about taking them to eat a meal and take a bath? I have also seen someone say that he is willing to donate money to the girl in the news and cannot let this girl follow the old man. This kind of mentally disabled girl is not only available today. If he is really willing to help this group, go to a small place. You can definitely find someone to offer love on the streets of Beijing, go, we all support you!

sina156
7 months ago

On the afternoon of the 1st, the county’s public security, civil affairs, courts, women’s federations and other departments held a special meeting on “55-year-old man marrying 20-year-old woman with intellectual disabilities”. The meeting concluded that it is not illegal for the 55-year-old Mr. Zhang to live with a 20-year-old woman with mental disabilities, but he cannot apply for a marriage certificate. According to relevant policies, if both parties have children in the future, they can apply for a birth permit and register for a household registration. In addition, relevant departments of the county will actively help this special family. As seen above, the official has not spoken illegally, but only has specific requirements. In fact, women’s parents are older, and men are almost in their twilight years. I believe everyone can basically see that this is helpless. But if a child is born in the future, what should the child do? The father is in his twilight years, and his mother is unable to take care of him normally. The child is the most difficult. Although the mother is not inherently mentally disabled, if heredity is inherited, how much suffering the child should suffer! Maybe if you just live by each other, maybe there are others, but if you really have children in the future, then the children will be completely incomplete and difficult from the beginning of the licensing.

yahoo898
7 months ago

I still have a say on this issue. First, I am a bitter student from the village. Second, I have basically been in the legal profession since 18 years. In fact, this matter is a dilemma, it is difficult to choose between law and reason. From a legal point of view, the law is merciless. But logically speaking, we cannot ignore the suffering of others. First of all, from a legal point of view. In the world where the civil code has been born, serious illness is not a cause of invalid marriage. In a sense, compared with major diseases, the state pays more attention to the parties’ freedom of choice in marriage. In this case, major diseases may be involved, as well as women’s freedom of will. The problem now is that the man has no opinion, nor does the woman’s family have any opinion. But when it comes to marriage, the female legal agent will make the agreement on behalf of the woman. At least, it is debatable. Article 101. The marriage is invalid under any of the following circumstances: (1) Bigamy; (2) Relatives that prohibit marriage; and (3) The marriage is not of legal age. A more difficult problem is that from the criminal aspect, women’s sexual freedom is also guaranteed. So from this level, whether the marriage can be registered or not, there are legal risks. The legal interest infringed by the crime of rape is the sexual autonomy of women. Women have the right to decide to have sex on their own. They violate the will of women by forcibly having sex with them, that is, they violate the legal interests protected by the crime of rape and constitute the crime of rape. Secondly, it is logically speaking. This is also the most helpless place in real life, saying that we must respect women’s rights and interests, and that we must respect the old, the weak, the sick and the disabled. This is not a problem, but in the face of time, how to protect a girl’s second half of her life is a more difficult problem. At least, for girls’ parents, it is better for someone to look after and take care of the girl than for them to be unable to take care of the child when they are old. This is helpless, and in a sense it is inevitable. At least it is not the worst choice. When the manpower is always poor, a child with mental retardation who is not taken care of by his parents may be a problem with food. From the current level, perhaps only rural revitalization is the only way out. If it were not for life, who would be willing to bow their heads. Xu Wei sang a song before, and his life was more than just the elusiveness in front of him, but also poetry and distant fields. In fact, think about it, that day in life does not exist.

leexin
7 months ago

I think you have to think about it from the perspective of her parents. Her parents have raised her for more than 20 years, and now she is very old. Once a girl’s parents die unexpectedly, a girl without civil capacity can’t survive, so in They think the best choice is to marry their daughter, but is it possible for a daughter with a mental retardation to find a normal person of the same age who is willing to marry her? Ask those who answer the Lord are they willing? There is no choice but to find someone who is older!

greatword
7 months ago

However, parents’ future considerations do not mean that the marriage of “old couples and young wives” is legal. Girls with intellectual disabilities are not included in several severe mental illnesses for which marriage is prohibited by law, and whether girls can truly express their wishes, if they cannot express their wishes, they do not. It is suitable for marriage. If you express that you do not want to get married, it is obviously illegal. Relevant departments have stepped in. The next step is to conduct psychiatric evaluations on girls and ask them about their willingness to marry. This marriage may be “reasonable” but not necessarily “legal.” If it is not legal, the man will be punished by law. As a result, how can the life of this mentally retarded girl be guaranteed now and in the future? This requires the country to find a way. Care for the disabled, guarantee the legal rights of the disabled, and respect the wishes of the disabled.

loveyou
7 months ago

The right to survive is above all else. It depends on whether it will be inherited, if it is not inherited or the probability of heredity is low, in fact, it is nothing to have children. If there is no one to support, it will definitely be more tragic than tragedy in the end. As long as the man is not rape but seduction, as long as he can be kind and not abused, is it as tragic as imagined. The key is who raises this kind of people? There is no organization anyone. In reality, let alone people with intellectual disabilities, they are normal women. Why are so many of them abused in their marriages and those who refuse to divorce? Others still persuade them to reconcile, because they can’t support themselves and it’s a problem to survive. Others can only open their eyes and close their eyes. The so-called persuasion is just a comfort given by the trend.

strongman
7 months ago

I will only talk about a real case in my hometown. Does not insinuate anyone or anything. There is an old bachelor in my mother-in-law’s home village. He has poor legs and feet, bad eyes, and has a hard time. Married a mentally retarded daughter-in-law from an outside village. This daughter-in-law is silly and stupid, but she can eat and go to the bathroom, but she can’t make money at all and can’t do housework. She sits on the street and sits tethered to the street every day. He is about 20 years older than this wife. The marriage was very good for her at the beginning, eating and drinking, taking good care of her, and then staying warm day and night. It didn’t take long for the daughter-in-law to become pregnant. After giving birth to breastfeeding, he happened to be a boy, and he seemed to be quite clever. Less than a year after weaning, I heard that this daughter-in-law had died. The people in the village said that the child was born, and it was too much effort to leave her to do. It was said that this old man had killed her. I don’t know how to die…but do you remember after reading a piece of news before? Because the daughter-in-law could not have children, the family abused her to death. Then the ending of this story is like this. The daughter-in-law was buried quietly, and the old man took his son to live, hoping that his son would grow up to provide him with retirement. Unfortunately, my son got older and found something wrong. I heard that he is now a teenager and he is also mentally retarded and has a bad brain. The cold humanity is here. I don’t know if this child will be secretly abandoned, just like his mother, disappear without value. I am even more afraid to hear the news back: this old man lost his stupid wife. After the stupid man, he will marry another daughter-in-law who is not mentally disabled but has other disabilities and will give birth to a child. Then get what you want?

stockin
7 months ago

This girl should be included in the scope of government assistance, rather than forced to marry a strange old man. First of all, the girl is incapacitated and basically depends on her parents. From the video, her parents are not incapable of supporting her. They probably marry the girl out just to get rid of the burden as soon as possible; and the girl marries The consequence for the old man is that she becomes a fertility machine, and a person who can’t even take care of herself can take care of her children. Therefore, when she loses the value of fertility, she will most likely be swept out; besides, even if she has The child, even if the child is a normal person, then, how much burden will the child bear, is it not sad for the father who will face aging before he grows up, and the mother with mental retardation?

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