The Crime Of Destroying The Military Marriage

The existing Article 259 of the Penal Code specifies the crime of destroying of the military marriage reflects the areas of criminal law on active duty of special protection of marriage and the family tradition of the spirit, the establishment of this crime fit our military and national conditions, to improve combat effectiveness and cohesion of the regime stability and the country's stability plays a very active role, so set the crime of destruction of military marriage of great practical significance.Our country has deep historical origins to behavior regulation destroying the military marriage. From the Japanese during the liberation of the early period of 79 years of criminal law, criminal law 97-year period, four times the crime against military marriage in China's relevant provisions of the proceeding, and thus to explore the legislative history in which the trajectory, and to study the future of the crime of destruction of marriage direction.This interpretation the existing Criminal Code Article 259 on the destruction of marriage crime of criminal substantive law and criminal procedure law, the author found that the Penal Code section 259 on the destruction of marriage offense has comparative principles, laws itself, has many deficiencies, seems too thin, theoretically lead to many controversies. I was writing papers at the beginning, did the crime of marriage on the damage survey is mainly paid servicemen and their families,and general social workers, investigation and analysis showed that contentious issues that exist in theory in practice is ambiguous respondents and care for the host.Therefore, whether in theory or in practice, undermine the military marriage crimes in the criminal substantive law and criminal procedural law is beset with problems, such as long-term adultery, sabotage servicemen of the fact that marriage does not specify whether the form Offense against military marriage ; on active duty and active duty military spouse can constitute destruction of marriage does not specify the crime; There is also the issue of penalty punishment; Penal Code Article 259, paragraph 2, whether the necessary requirements; military attitude of the perpetrator accountability undermine the criminal responsibility of military marriage impact; destruction of Marriage crimes proceedings Mode and the destruction of the crime of Marriage problems of proof.The article on the eight issues analyzed and discussed to determine the value of this self-possessed, I hope that through this inquiry, in a criminal substantive law and procedural law to undermine the provisions of the Crime of marriage more perfecting.