| Qualcomm said that the objective elements of bigamy is a spouse bigamy knowingly or with spouses and others with marriage. Its essence lies or that the crux of the existence of two "marriage" coincidence. Then bigamy definition of "marriage" include de facto marriage? Whether two "legal marriage," the possibility of the coexistence? Facts marriage and the law of non-marital cohabitation and marriage, compared to what it has distinctive characteristics? In criminal law system, should be on how well the fact that elements of marriage?Through the above problems, the paper points unfolded gradually in the following parts: (1) through two cases: the theoretical circle of bigamy form of expression (that is, marriage and the fact that marriage law) there is a big controversy, because for a long time we did not really understand bigamy object of the provisions of the elements of the constraints and other elements of the role, consciously failed to be as effective difficult cases of the use of analytical tools, it appeared bigamy before marriage must be "legal marriage" to be even two marriage "Legal marriage" This approximation absurd argument. Bigamy Law on the benefits (or object), academics opposing views that exist factions order that the marriage registration and monogamy said, the paper focused on the latter explained the reason why the mainstream argument is reasonable. Bigamy Law benefits from the position explain the true meaning of bigamy provisions will be included in the Criminal Code de facto marriage of vision, the facts have been established to specify marriage difficult cases to solve the importance of bigamy. The extraterritorial system through its own system of inspection and examination of the concept of bigamy be briefly outlined. (2) the definition of marriage from the facts based on the fact that define the area of marriage, that is, to resolve "the meaning of marriage is bigamy including de facto marriage". Combing through marriage culture, explore the nature of marriage, pointing out that the nature of marriage is a community identifier, its significance lies in the core of behavior and the relationship between men and women and between groups of a two-way recognition, which, de facto marriage with marriage essential elements, of course, was the meaning of marriage. Further depth analysis of the view that marriage must go through publicity, community recognized the masses of the marital relationship is the most essential form of identification. In order to obtain a simple interest of obtaining a "marriage certificate" is not in fact the name of cohabiting couples living, the so-called "legal marriage" in the civil community can not be accepted. (3) The fact that the establishment of the elements of marriage itself there are ambiguous, such as not understanding as soon as possible reunification of the criminal justice will inevitably cause a degree of confusion, the authors try to establish a workable Elements can be the standard of proof. Clear judicial practice of de facto marriage with the community to "mistresses" there are essential differences between the phenomenon. In expounded on the fact that the Penal Code marriage with the fact that the institution of marriage in civil law there is overlap on the basis of difference between the two and what is the distinction there.As mentioned three points, respectively, corresponding to the article, the first to the three chapters. This one presented by, in which natural conclusion. But in the following points:Introduction: bigamy theory by introducing the status quo and the current criminal law system of bigamy in resolving the issue of bigamy fact the difficulties faced by the facts stated in the marriage of bigamy in theory and practice on the significance of the value of its existence, and to make the author the research path.Chapter one outlines the theory of bigamy. That part of bigamy and the fact that the marriage relationship given a detailed explanation and said: We must correctly grasp the real meaning of bigamy, and the fact that marriage is the key. Bigamy problem in our country there is a profound social basis and ideological foundation, and today is the phenomenon of bigamy, a more general social phenomenon. This paper first through two cases: the theoretical circle of bigamy was such a big problem in the dispute, the key lies in the meaning of "bigamy" to understand that different. Bigamy of two "marriage" coincidence. In law for anyone, there may be only a marriage is legal, that is the so-called "legal marriage"; other can be any combination of a "legal marriage" nature of significance - but the frauds of up to the marriage registration office and made an invalid "marriage certificate" and the other did not take deception, "de facto marriage" there is no real distinction. If bigamy must emphasize with two "marriage certificate", its objective on the main emphasis is to deceive the marriage registration office (only "deceit" can be made), the object of the violations by simply "the marriage registration office normal working order "(instead of" monogamy "). Secondly, having regard to the issue of benefits to the importance of bigamy, from the perspective of benefits start with bigamy law will be beneficial on the controversy into "marriage registration order" and "monogamy" two basic ideas. Pointed out: My bigamy is the protection of the legal interests monogamy order, the adoption of the order of operation, the realization of marriage on the ethical demands monogamy, marriage registration system of means not an end.Chapter two for bigamy in the fact that marriage theoretical research, the focus is also part of the full text. First, the Supreme People's Court on the basis of "policy on the implementation of civil law" (February 2, 1979) generated by the relevant provisions of the fact that the definition of marriage questioned Qualcomm said, pointing out that: the fact that a marriage should not be two sides he is not a spouse for the establishment of the elements, and elaborate on reasons. At the same time, by the author's view that marriage is the fact that the non-registration procedures and recognition for the masses around the marriage and family. Secondly, the fact that marriage defined areas. Through our culture of marriage should be straightened out. (Because marriage has obvious cultural characteristics, different regions, different times, different forms of marriage. Bigamy if referred to the "marriage" only for the understanding of the term, result only in the fair value of the Penal Code deviated from. ): The reason why marriage was considered "at the present", apart from continuing the development of the race, but also for the establishment of a normal human social order provides a unified pattern of behavior, thus maintaining a social construct family ties. If there is no answer on the nature of marriage, the marriage of different explanation is the old theory in the framework of the platform or in the form of transform it, questioning the nature of marriage has its irreplaceable importance. The research is divided into the following two paths: to stand for civil law, the essence of marriage is a community identifier, its significance lies in the core of behavior and the relationship between men and women and between groups of a two-way recognition to the country Law position, the nature of contemporary manifestations of marriage as a legal register has been produced in the two conflicts. For this kind of confrontation, the authors favor ji wei dong President, which is from "taking ceremony of the" return to the real meaning of the state's "law of double ceremony." Because although the state law is universal, uniformity and mandatory, but civil law but treat its important practical significance. Therefore, the fact that marriage resident in the areas of marriage, "to name cohabiting couples living," that is, couples identity of the publicity, not because the rule of law advocated by the national legal marriage, and ignore the fact that marriage with marriage significance. Again, the facts of marriage to extraterritorial legislation inspection system. Among them, mainly on the Anglo-American common law marriage, and Japan's marriage within the margin done a detailed note. By comparison study, reach the following conclusion: that is conditional recognition and empowerment of de facto marriage legal effect, as a de facto marriage has been to provide a legal relationship between the parties means relief is the common practice in all countries. Of which: (1) Anglo-American common law marriage state that once formed the effectiveness of a legal marriage; (2) Japan's domestic legislation on absolute margin of marriage does not recognize attitude, but judicial practice, the judiciary has given its "quasi-marriage" the force of law, (3) France and Germany to the subjective attitude prevail, the parties stressed that the protection of goodwill; (4) Other countries are more objective facts prevail, the fact that the marital relationship will be sustained to a certain number of years or the two sides have had to recognize their children as facts marriage and the protection of the conditions of the parties.Chapter three is the final chapter in this paper. First, in cases of extra-territorial legislation on the basis of a study on the establishment of the facts of marriage Elements detailed study, in particular on the establishment of the key elements of de facto marriage - "to the name of cohabiting couples living" refinement, and try to establish in "strangers society" in the fact that marital standards. Secondly, by the fact that the standard of determining the marriage, and divided into its "mistresses" the clear boundaries, pointing out that "mistresses" can not be adjusted by bigamy, even if adjustments need to criminal law, he can only alternative passers-by. In addition, by the fact that the institution of marriage and bigamy inspection system, pointed out: justice demands on the two unified in the ethical demands monogamy. Hence, not consistent with applicable marriage registration system as a prerequisite for bigamy system, otherwise contrary to the common aspirations of the two systems, that is, monogamy of public order and good customs.Finally in part by closing the center point: the so-called rule of law is a normative priority of the means of expression. This expression will be based on the principles of democracy require formal legal action as the highest social guidelines. But divorced from the specific conditions of "delivery of the countryside" is unable to practice the inevitable. Reflecting the cultural life of local communities reasonable (that is, de facto marriage) as a sub-culture in the modern context of the rule of law reflect the mainstream of society and the legal culture (that is, marriage registration system) is a comprehensive, thorough, frequent collisions and Blending , but this is not by the collision and integration and on the one-way movement of wishful thinking, but more to, multi-level interaction and absorb the culture. Only those with a specific and appropriate manner rigidity and flexibility perfect combination of the legal system, is the real great system. In the present China, we should recognize that marriage with marriage inherent connotation. At the same time, because bigamy is not of concern to this form of marriage registration but monogamy Elements of public order and good customs, will be incorporated into the facts of bigamy manifestations of bigamy is certainly reasonable, in other words, de facto marriage than a simple "marriage certificate "The more real marriage implies.Taking into account the fact that bigamy marriage for the important role Based on the nature of marriage to a certain degree of proof, the fact that the marriage will be determined in the context of marriage, in a bid to further its true colors. At the same time, bigamy law benefits from the perspectives of the manifestations of bigamy to the relevant legal evaluation with a view to promoting China's bigamy perfect theoretical research in the restructuring process of the rule of law in China, so that it can better serve the Chinese criminal justice Practice.
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