As the saying goes, "Take a step back and let the three-pointers feel free." The most important wisdom in life is to give in. Especially in marriage, only mutual compromise and consideration can ensure the marriage is long-lasting. Once both parties are fighting for reasons, no matter how loving the couple is, they will eventually become enemies.
There was a tragic husband murder case in Jiangxi in 2014. The victim Li Junxiong and his wife were childhood sweethearts. We came together under the pressure of both parents, but the originally loving couple gradually separated. The husband changed his mind to find a mistress, committed domestic violence to his wife, and asked the wife to cleanse herself and leave the house. In order to leave the property to her sons and daughters, his wife, Tong Meiling, slammed her heart down and raised the hammer and slammed it on her husband's head.
Tong Meiling, from Jiangxi, she and her husband Li Junxiong are two children who have never guessed. They have been good friends growing up together since elementary school. When they were in their 20s, they came together naturally. Even though both parents did not agree to their marriage, they used the facts to make their parents compromise.
The days after marriage were far less beautiful than the two imagined. For the sake of life, Li Junxiong opened a cinder factory. Tong Meiling is also unwilling to watch her husband work alone. She goes to the factory to help every day, and she is willing to do a lot of hard work. Tong Meiling's child was born in 1990. She was a lovely girl. Li Junxiong named her Li Qing.
Although Li Junxiong's mother is still dissatisfied with this daughter-in-law, she has always hoped to have a grandson to pass on. In order to please mother-in-law,Tong Meiling chose to get pregnant here. But the tiring work in the factory crushed her body, and Tong Meiling had a miscarriage in 1991.
After this incident, Li Junxiong forced Tong Meiling to stay at home and not go to the factory. At first, Tong Meiling was full of joy, thinking it was because her husband cared about herself. But she soon discovered that her husband did not allow herself to go to the factory, which actually had another plan. It turned out that her husband kept a Guizhou woman in the factory and often stayed away at night, and Tong Meiling would inevitably be inconvenient in the factory, so Li Junxiong let her go home.
After learning of this, Tong Meiling was so angry that she quarreled with her husband, and even rushed to the factory and raped the two in bed. Seeing that the scandal was made public, Li Junxiong was no longer gentle and kind to his wife. Not only did he not give his wife a penny, but he even treated his wife domestically. In order to maintain her own life, Tong Meiling can only go out to work.
While working, she met a colleague named Liu Baocai. Liu Baocai was very sympathetic to Tong Meiling's experience and often sent her home at night. After Li Junxiong learned of this incident, he began beating his wife again. For this reason, Tong Meiling thought of divorce many times, but at this time she had already given birth to two children to Li Junxiong. Looking at her daughter and son under her knees, Tong Meiling chose to be patient.
Until one day, Li Junxiong initiated the divorce. After hearing about Tong Meiling and Liu Baocai from other populations, the villain Li Junxiong first filed a complaint, saying that Tong Meiling had cheated, so she was asked to go out of the house. Tong Meiling insisted that she did not cheat, and then she began to wonder why Li Junxiong took the initiative to divorce.
After investigation Tong Meiling discovered that Li Junxiong’s cinder plant was to be demolished.The demolition fee is divided equally according to the heads of the two persons and the children. If she is cleansed and left the house, it is very likely that her husband will give the money to other women, and then the share of her children's due will no longer exist.
Thinking of this, she insisted on not divorcing. In order to persecute Tong Meiling, Li Junxiong's domestic violence against her became more and more serious. In order to prevent Tong Meiling from escaping, Li Junxiong strips her off every time she commits domestic violence. Under physical devastation and spiritual oppression, Tong Meiling finally began to "counterattack."
On December 1, 2014, Li Junxiong came home in the middle of the night again, and when he got home, he got angry with Tong Meiling. This time Tong Meiling and Li Junxiong had a violent quarrel, and neighbors could hear the quarrel between them. The quarrel stopped abruptly until 5 o'clock in the morning the next day. Tong Meiling's daughter Li Qing pushed open the door of her parents' room and saw that her father was lying on the bed, his head had long been smashed to the point of being inhuman.
On December 3, Tong Meiling was arrested by the police. According to her confession, she had been thinking about it for a long time after her husband's domestic violence. If the lawsuit is divorced, I wonder if she can win it. Instead of letting her husband and lover take away the property, it is better to die with her husband. At least the demolition fee and other properties belong to the two children.
Thinking of this, Tong Meiling finally kills her husband. With a hammer in the corner, after the husband was asleep, he smashed his forehead. She also committed the crime of homicide. In December 2015, she was sentenced to death by the Intermediate People's Court of Yingtan City, Jiangxi Province, with a two-year suspension of execution.
In this case, Tong Meiling’s murder of her husband first constituted the crime of intentional homicide.According to the provisions of Article 232 of my country’s Criminal Law, those who intentionally kill are sentenced to death, life imprisonment, or fixed-term imprisonment of more than ten years; if the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Secondly, she murdered her husband after a long period of thinking, so it is neither a passionate murder nor a righteous murder. The husband's domestic violence did not endanger his life and safety, so her behavior did not constitute legitimate defense and emergency avoidance. In summary, she is responsible for her actions and cannot be mitigated or given a lighter punishment in law.
Another issue is the distribution of marital property between the two. If the two divorce, the common property of both parties will be distributed by the two through negotiation. According to Article 1087 of the "Civil Code of the People's Republic of China": If the agreement fails, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
Therefore, Tong Meiling does not have to worry about the property being taken away. She only needs to initiate a divorce appeal to the court in accordance with legal procedures, and she can naturally retain part of her property. Li Junxiong had infidelity during marriage, so Tong Meiling can not only demand compensation, but also get most of the property at the time of divorce.
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