By Our Country The Legislative Defect And Perfection Of The Crime Of Bigamy

The human diligently strive after the beautiful and harmonious society, and the stability of marriage and family is the cornerstone of a harmonious society. Marriage and family are closely related, marriage is a family of premise condition, family is a good marriage results. The crime of bigamy, refers to a spouse and with others to get married or knowingly marries a person who has a spouse behavior. It violated is a monogamous marriage. What our country executes is monogamy, polygamy seriously undermined the marriage system of our country, may also resulting in criminal cases, the destruction of a harmonious society, affect social stability. In the objective aspect of crime is behavior person must have the behavior of bigamy. That is a partner with others married, or knowingly marries a person who has a spouse, constitute the crime of bigamy. Such behavior is intentional destruction of marriage act. In practice, the victims are often due to family economic conditions, stress, traditional values and other factors rather than litigation, thereby allowing the bigamy is not effective, timely hitting. As a result of bigamy bigamy and others require" marriage" or "in the name of a couple living together", in the course of the proceedings the victim to obtain evidence, especially" to couples living together in the name of" evidence is very difficult. According to the "law of the people's Republic of China Law of criminal procedure" 157th paragraph 1 (two) the provisions of "lack of evidence, the case of private prosecution, the court will" "to persuade the private prosecutor to withdraw his prosecution, or rejected". In today's increasingly rich material life, along with the process of urbanization, the relationship between people increasingly alienating, living in a building or even don't know each other, ask people with others almost difficult relationship between testimony. Moreover, in the enjoyment of luxury atmosphere prevalent today, many people do not take the correct attitude towards marriage, love, chop and change, wives and concubines, worsened the social atmosphere. This article in view of the present our country the bigamy crime legislation defects, to the civil law and criminal law contradiction between private and public prosecution, the contradiction is not clear, factual marriage, the lack of specific provisions of the crime plot measure undertakes thorough analysis, combine our country national condition, put forward to perfect the legislation suggestion, hope to solve in judicial practice some specific problems help.