On Bigamy Crime

Family is basic social cell, while marriage is one of the most important to come into a family. Destroying family is regarded as an unbearable misdeed punished by crime law. That bigamy is provided in Chinese criminal law is a living example. In criminal law published in 1997 , bigamy just moved from the charter of "impairment marriage misdeeds" into the one of "infringing habeas corpus ,democratic right misdeeds", and its other particulars keep the same. With society developing, the existing bigamy can't meet practice needs, and there is little use in judicial practice. From the view of judicial practice, the paper picks out the existing problems and their reason, in the same time, provides our count measures to meet the judicial study needs or just act as reference.The formwork of thesis is following:The first charter: flaws and limitations in legislation and jurisprudence companying reasons individual. On two layers, legislation and judicial practice, the conception, articles, name of the misdeed and problems in its appliance are carefully combed, analyzing and induce , then we point out the key element. In a word ,find out the problem first and make out their reasons to path up the following. The charter consists three sections, sticking into from three layers, i.e. conception, article, and practice.The second charter: the difficult for bigamy to implement in social life. There are two sections in this charter. The first one starts from the sue process of bigamy in existing Criminal procedural Law, analyzing the reason and disadvantage of provision bigamy as a private prosecution crime; throw a typical cause analysis in the second section, the bigamy's properties and the difficulty of their prosecution after the crime were demonstrated.The third charter: the pertinence solving plan——provide disturbancemarriage crime. After cleaning up the issue In the former charter, a set of solving advice is brought forth: abolish existing bigamy crime, set up "disturbance marriage crime", demonstrate its feasibility and senior to bigamy crime. There are three parts in this charter, stating the plan as a whole, analyzing legislation and judicial practice feasibility.In the last part , we draw a conclusion and state the main idea of this paper.The basic starting point of this paper is judicial practice, and our aim is to response effectively to destroying marriage misdeeds, the main method is to adjust crime on criminal law, to fight against misdeeds about family, thus to protect marriage and family system. Certainly, our views which may include many errors is just an employment and thinking of the bigamy crime. Why the author dares to put forth those views is to ask advice from my distinguished teachers and discuss with my count parts to hope to attract the focus attention on this issue in theorical and practical fields.