Bigamy The Crime Or The Empirical Research

In criminal law, the crime of bigamy is an insignificant one, for its highest term of penalty is only two years long. But just this insignificant crime making a great fuss in both judicial theoritical and practical field: because the opinions on how to identify the crime of bigamy are hardly to be unified. This text's interest is not on theory ,or not on probing the crime of bigamy legislation's value pursuit, but begins whith some concepts which are frequently related with the process of identifying the crime of bigamy. Through permuting and combining these concepts and suming up some theoretical modes, then in connection with these modes, this text tries to find a series of concerning cases, then to do some comparion and analysis, and finally offer some useful things as a source of referance for the judicial practice.The most difficult work in the process of identifying the crime of bigamy is to identify factual bigamy. So the text's focal point is the probe and establishment factual bigamy's criterion while cohabitting in spouse's name.This thesis is divided into three parts: introduction, basic contention and conclusion. And basic contention is the focal one, which is discoursed from four sides below:The first one is to analyze the current situation and the cause of setting up the crime of bigamy, as well as the research on current situation of the crime of bigamy.The second one is to roughly define the composion of the crime of bigamy from its subject and object as well as subjective and objective side.The third one is to roughly introduce legislation about the crime of bigamy in mainland geneology of law, British-American geneology of law, and Hongkong, Macao, Taiwan regeon, and meanwhile contrast them with the legislation about the crime of bigamy in china ,and finally analyze them roughly. The fourth one is to empirically analyze the crime of bigamy from noncrime combining with case under some modes. Which includes interrelated case of existing registered marriage before, lately existing registered marriage, and then to empirically analyze the crime from noncrime about it; interrelated case of existing registered marriage before, lately existing factual marriage ,and then to empirically analyze the crime from noncrime about it ;interrelated case of existing factual marriage before, lately existing registered marriage, and then to empirically analyze the crime from noncrime about it; interrelated case of existing factual marriage before, lately existing factual marriage, and then to empirically analyze the crime from noncrime about it; interrelated case of existing void registered marrige before, lately existing void registered marriage ,and then to analyze the crime from noncrime about it; interrelated case of existing registered marriage before, existing void registered marriage lately ;the conduct of marrying with somebody again in the period of first instance appeal of divorce lawsuit must be considered as bigamy.At last, the thesis roughly define some behaviors which is similar whith bigamy, such as adultery, extramarital passion, having a concubine, living in sin, and so on, and also identifies whether these behaviors are sentenced to the crime of bigamy or not, and analyzes some behaviors which look like bigamy but isn't considered as the crime of bigamy normally in justice; meanwhile draws some improving advice on the mode over placing cases on filing of the crime of bigamy mostly privating prosecuted, while is to establish the mode over placing cases on files of the crime of bigamy mostly by public prosecution.