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The Prevention And Treatment On Crime Of Bigamy

Posted on:2012-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2236330371463109Subject:Law
Abstract/Summary:PDF Full Text Request
At present, with the continuous social and economic development, China’s bigamy crimes continue to breed and spread, pose a serious threat to the families and the society, causing widespread concern in the whole society. For these crimes of bigamy, although both Marriage Law and Criminal Law have made some bans, but because they have hidden, coupled with the deliberately avoid bigamy, it is difficult to effectively combat them. At the same time, as people on marriage and family values had changed, led to the current growing crime of bigamy, not only undermined the stability of the family, and ruined the good atmosphere in society, but also induced other economic crimes, to the whole society has brought many negative effects.From the criminological point of view, why the crime of bigamy is continuing to bring, there are many reasons. First, there are ideological and cultural reasons. In the money first and hedonism under the influence of such ideas, the concept on marriage, and family is changing, before that emotion is the basis for marriage is now into an economic basis for marriage. Under this conception of marriage, it is difficult to maintain for a long time, and face the temptation of money and power, some people tend to embark on the road of crime of bigamy, their family obligations to be borne ignored; Second, a social economic reasons. Increasing unemployment and the wealth gap, causing many people to commit crimes, get rid of their own poverty situation, some people prefer to bigamy; Third, the reasons for judicial practice. Judicial practice, the provisions of the criminal law of bigamy is relatively rigid, resulting in many difficult to convict the de facto polygamy, bigamy case with no one to bring suit and the general evidence of bigamy difficult to obtain, so the criminal law crime of bigamy difficult to effectively combat; Fourth, the executive regulatory reasons. With the unsupervised executive power and administrative loopholes, furthermore exacerbating the growing crime of bigamy.In the past, in terms of prevention and treatment of crime of bigamy, criminal law often hope to adjust, but the crime of bigamy in recent years, the ever-increasing trends, the role of criminal law is limited to its containment. Therefore, it is necessary to re-examine, transfer from the multi-level perspective on the effective prevention of crime of bigamy:First, moral control. Strengthen the propaganda against bigamy a crime, to establish a correct view of marriage and family; Second, the economic control. Expand employment, reduce the wealth gap and improve the social and economic conditions; Third is administrative control. District to establish a unified national information networking system, a sound administrative system; Fourth, the legal control. Implementation of civil liability bigamy, Broaden the identification of appropriate standards of bigamy, the practice of bigamy prosecution case.
Keywords/Search Tags:crime of bigamy, marriage, prosecution, effective prevention and treatment
PDF Full Text Request
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