Judge Wu Jiahua of the North Court believes that the judge has declared that the crime of adultery is unconstitutional and should not recognize the exclusive "conjugal right" of the spouse.

(AFP file photo)

[Reporter Wen Yude/Taipei Report] Wang's wife found out that her husband had an affair with Yang Nv, and demanded 300,000 yuan from Yang Nv. The Taipei District Court Judge Wu Jiahua who is in charge of hearing this case is the daughter of Justice Wu Chenzhen. Wu Jiahua believes that the judge has declared The crime of adultery is unconstitutional, and the "conjugal right" to monopolize the spouse should not be recognized, and the king's wife lost the case; she can appeal.

This case is the third case in which Wu Jiahua has ruled against Yuan Pei since the Supreme Judge declared adultery unconstitutional the year before last.

Wu Jiahua, who graduated from the 47th term of the Judiciary Academy, and his father Wu Chenzhen issued a dissenting opinion in the interpretation of the judge's declaration that the crime of adultery is unconstitutional, pointing out that the monogamous marriage system, the normal growth of legitimate children, and the stability and development of the country and society are all important. It is a vital public interest that he considers the crime of adultery constitutional.

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Wang's wife filed a lawsuit claiming that her husband, Wang Nan, and Yang Nv had multiple intimate acts between November 2017 and November 2019, which had infringed upon their spouse's rights, and claimed 300,000 yuan in compensation.

Ms. Yang argued that Wang Nan concealed his married status at the time, and it was confirmed that the spouse column of Wang Nan's ID card was blank, and she denied the liability for compensation.

Wu Jiahua believes that according to the interpretation of the justice declaring that the crime of adultery is unconstitutional, the Constitution no longer emphasizes the protection of the marriage and family system, but instead protects the independent individual's right to make independent sexual decisions in the marriage system; The right to control the will of the other party or the right to self-determination of sex through a relationship should not be recognized as the core of the conjugal right, which is "the right to monopolize and use intimate relationships such as sex, emotion, spirit, and behavior."

Wu Jiahua also pointed out that the inability to cheat physically or mentally, or to express love to others verbally or in action, is to control the inner thoughts, personal personality, and independent decisions of sexual intimacy of the other partner; moreover, the complete security of married life together , Happiness itself is extremely abstract and difficult to define. Everyone has a different image of a happy marriage. If the court intervenes in judging whether a private marriage is happy or not, it is undoubtedly for the judge to decide on the definition of marriage, whether the marriage is broken, and the relationship between spouses based on their own values. way of getting along

Wu Jiahua also believes that the physically cheating party may be morally reproachable, but the lack of communication between the spouses and the cold violence in life are not the reasons for the end of the marriage; The "spousal right" of monopolizing the spouse should not be recognized, and the king's wife lost the lawsuit.