Will the abolition of the crime of adultery have any impact on credit reporting agencies? There must be. After all, the deduction of criminal liability will undoubtedly be a relief for many cheaters and third parties. Many people ask what they should do if the crime of adultery is no longer involved. Because there are no criminal law constraints, it is necessary to better grasp the responsibilities of civil law. In the future, people should search for evidence through credit reporting agencies to find out evidence of spouses’ affairs and punish the cheaters with civil laws.
The issue of decriminalization of adultery, which has been controversial for many years, has finally been announced in the constitution.
On May 29, 2020, after 18 years of reinterpretation of the constitution, the crime of adultery was declared “unconstitutional” and immediately invalidated.
Article 239 of the Criminal Law stipulates: “A person who commits adultery with a spouse shall be sentenced to fixed-term imprisonment of not more than one year. The same applies to those who commit adultery.” The restrictions on sexual autonomy guaranteed by Article 22 of the Constitution are inconsistent with the principle of proportionality in Article 23 of the Constitution, and shall lose their effectiveness from the date of promulgation of this interpretation; within this scope, the Interpretation No. 554 of this Court shall be changed.
The proviso to Article 239 of the Criminal Procedure Law stipulates: “However, the crime of Article 239 of the Criminal Law shall not be as effective as that of an adulterer if the spouse withdraws the complaint.” It is contrary to the intention of Article 7 of the Constitution to protect the right to equality, and because Article 239 of the Criminal Law has been declared unconstitutional and invalidated by this interpretation, it shall also lose its validity from the date of the promulgation of this interpretation.
Why is the crime of adultery unconstitutional? What are the opinions of the supporters and opponents?
For many years, the vast majority of people have regarded the crime of adultery as a major guarantee for marriage. According to the latest data provided by the Ministry of Justice, nearly 85% of the public are opposed to the abolition of the crime of adultery. However, today it is still declared invalid due to unconstitutionality. In the face of the Supreme Court’s constitutional interpretation, let us first let everyone understand why there is this controversy. The supporters and opponents of the abolition of the crime of adultery have expressed their respective opinions.
Support decriminalization:
He believes that the original intention of adultery legislation is to protect marital fidelity, but the end of a relationship is the end, and the relationship will not be repaired by the criminal law. Moreover, private feelings have nothing to do with public interests and do not require the intervention of public power.
Sometimes the third party is innocent and has no knowledge of the matter, but ends up in a lawsuit for adultery, while the cheater can get away with it by withdrawing the complaint individually.
Most countries in the world have abolished the crime of adultery, and affairs can be resolved through increased civil compensation. There is no need to use criminal laws to harm human rights and only increase hatred between the two parties.
Next, let’s take a look at what the unsupported methods say!
Does not support decriminalization:
It is quite unreasonable to believe that the removal of the crime of adultery will undoubtedly provide no protection for the victim. The other party will lack criminal liability, and the victim may be prosecuted for evidence collection and other actions.
There must be complete supporting measures and existing civil law conditions must be revised, and then the crime of adultery in the criminal law must be abolished, otherwise it will be extremely insecure for the victim.
Although it is impossible to completely regulate people from cheating, it can at least prevent those who have no courage to cross the line.
And there are only a few countries in the world that still have a legal crime of adultery. In recent years, countries that have declared it unconstitutional through constitutional interpretation include South Korea in 2015, India in 2018, and Taiwan this year. Quite a few countries have already abolished this provision. Basically, only a few Islamic countries in Asia, the Philippines, and Cambodia still retain this law.
Will the abolition of the crime of adultery have any impact on credit reporting agencies?
Xie Zhibo, who has been working in a credit reporting agency for more than ten years, said that he believes that the interpretation of the crime of adultery can be regarded as a major progress in democratic society. However, public opinion and public opinion can tell that removing the crime may cause social unrest. After all, there are differences in national conditions between China and the West, as well as different cultural and historical contexts. If the constitution is interpreted just because it is unconstitutional, without analyzing the main reasons behind why the majority of people still want the crime of adultery to exist, a categorical interpretation of the constitution will only be too hasty and cause social unrest.
And does the recent hot news “the abolition of the crime of adultery” have any impact on credit reporting agencies?
We must honestly say that yes, there must be. After all, the deduction of criminal liability is undoubtedly a relief for many cheaters and third parties. Many people ask, “What should I do if the crime of adultery is eliminated?” Because there are no criminal law constraints, it is necessary to grasp the responsibilities of civil law. In the future, people should search for evidence through credit reporting agencies to find evidence of their spouse’s affair. Even if the other party is a famous person or has a special status such as a soldier or a civil servant… or his unethical relationship will violate social public opinion or professional ethics… there are still ways to check and balance.
On the contrary, many businesses that used to use “put mistresses and mistresses in jail” to bluff their business will probably be eliminated. But in a frank marriage, if the ethnic group is already economically disadvantaged or has a relatively disadvantaged status… it will be even more disadvantaged… This is undoubtedly a part that everyone is quite worried about…
Adultery gets rid of sins, and sleeping around as much as you like?
As for the question that everyone is most concerned about is whether the expungement of the crime of adultery means that everyone can have extramarital affairs as much as they want. Since adultery has been exonerated, the answer is of course No! The absence of the crime of adultery does not mean that one cannot be unfaithful to one’s feelings. Even without the constraints of the criminal law, there are still civil laws in Taiwan that can carry out claims, divorce and other proceedings. According to the past criminal law, it was actually more difficult to establish the evidence required. The criterion was whether there was penetration of sexual organs. Therefore, it is difficult to capture evidence. However, according to the “infringement of spouse’s rights” in Article 195, Item 3 of the Civil Code, commonly known as “mental damage”, as long as the relationship between male and female friends has exceeded the range that is tolerated by society, it will destroy the marriage of the first partner. The degree of complete, safe and happy life together is an infringement of the first spouse’s spousal rights. The first spouse who is suffering mental torture because of the ambiguous relationship with his partner can file a lawsuit and request damages for infringement of spousal rights, and the required evidence does not require the criminal law. It is so strict, so in fact, it is not necessary to reduce the criminal law so that your relationship will no longer be protected. You can still provide adequate protection for your marriage through civil law. If you have any questions about relationships and marriage, please feel free to contact Rieter Credit Information Agency. Specialists are available 24 hours a day to help you solve your problems.
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