Research On The Improvement Of The Bigamy Legislation

Bigamy is stipulated in clause 258 of the Criminal Law of PRC. Bigamy refers to"an act conducted by a person who has a spouse and marries again or knowingly marries a person who has a spouse."The spouse here means not only the legal spouse but also the factual spouse, Namely, it means the practical husband and wife who have formed factual marriage relation without the requisite of the form. Factual marriage is a unique legal concept of our country. It has important status in the constitution of the crime of bigamy. In line with the reality of our country, the previous marriage being legal marriage and the later marriage being factual marriage naturally constitute bigamy. The previous marriage being factual marriage and the later marriage being legal marriage naturally also constitute bigamy. Of the comparative study of different countries or regions on the legislative model of bigamy, we try to give the proposals to perfect the bigamy legislative, which include: First, we should well establish a set of sentence for bigamy. The sentence to the act of bigamy can not adapt to the current situation, we should improve the sentence set of bigamy by increasing the maximum statutory penalty, the circumstances of the scientific development of sentencing, and at the same time, increasing the punishment of property settings. Fining free money with impunity makes the law more responsive to the variety of complex criminal cases.Second, we should clear the fact that the standard of bigamy. Bigamy, including two forms, namely, the legal and factual bigamy. Bigamy law easily identified, and in fact due to the standards of bigamy and that its meaning is not clearly defined and specific boundaries in the law, which makes a lot of those who commit bigamy escape the punishment of law. We should make clear that the legislative facts on bigamy standards by verify whether the couple has substance married life, combined with a variety of recognized scientific standards. At last, the implementation of the system of bigamy indictment cases. Bigamy is not only individual violations of marriage and family relations, but also to undermine China's system of monogamous marriage and family. Due to the diversity of bigamy cases, as well as its own indictment to determine its properties should not apply to private prosecution system, we suggest that the indictment system, the investigation by public security organs in the exercise of the right to build from the legislative level mechanism for bigamy indictment cases.