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Discussion On The Crime Of Factual Bigamy

Posted on:2007-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiuFull Text:PDF
GTID:2166360185980836Subject:Law
Abstract/Summary:PDF Full Text Request
This dissertation has made some study on the related questions about the crime of factual bigamy. It is divided into three parts.In the first part, the dissertation elaborates the basic conception about the crime of factual bigamy. At first, the dissertation proposes the concept of factual bigamy. It holds that it is the behavior that someone lives together with other person by the name of husband or wife on the condition of already existing spouse, or perfectly knows other person have spouse but still lives together with him/her by the name of husband and wife. On the judicature practice, It includes three types: 1. factual bigamy caused by legal marriage and factual marriage, that is, it is caused by legal marriage as the former marriage and factual marriage as the latter marriage; 2. factual bigamy caused by factual marriage and legal marriage, that is, it is caused by factual marriage as the former marriage and legal marriage as the latter marriage; 3.factual bigamy caused by factual marriage and factual marriage, that is, it is caused by factual marriage as the former marriage and factual marriage as the latter marriage. And then, the dissertation elaborates whether factual bigamy constitutes crime and expresses three theories: the theory of affirmation, denial and compromised. Then, the dissertation analyses them and holds that the second theory is more reasonable. In our country, factual bigamy could contribute the crime of factual bigamy when we commit factual marriage.In the second part, the dissertation discusses judicial application of the crime of factual bigamy. At first, the dissertation anatomizes constitutive requirements of the crime of factual bigamy. In the judicial practice, we must recognize it from four aspects: the subject, subjective aspect, object and objective aspect. And then, the author discuss the definition of the crime of factual bigamy, especially about the accusation of the crime of factual bigamy, the crime of factual bigamy and innocent, discrimination between the crime factual bigamy and other crimes, the criminal pattern of crime of factual bigamy.In the third parts, the dissertation discusses the modification of legislation about the crime of factual bigamy. At first, it discusses the basis of the modification of legislation about the crime of factual bigamy. And then, the dissertation assumes that legislation should be more perfect. It believes that the conception of the crime of factual bigamy should be clearer. Second, the punishment to the crime of factual bigamy should be further stricter.
Keywords/Search Tags:the crime of factual bigamy, theoretical question, judicial application, modification of legislation
PDF Full Text Request
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