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Pu Fen, Charged With Bigamy Declared No Crime Analysis

Posted on:2013-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:D H SongFull Text:PDF
GTID:2246330371486484Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, unprecedented in China’s economic and social development, personal ideas further liberation, social consciousness tends to be diversified, followed have given rise to illegal phenomenon contrary to the principle of public order and morals,"spouses and others living together","three of the same day get married","divorce does not leave home phenomena such as highlighting the growth momentum.This article through to the Pu Fen, charged with bigamy declared no crime analysis, in-depth analysis of cases involving issues, from the " essence" of bigamy and" formal" bigamy, analyzed the social behavior of alleged "bigamy" behind the issues and dilemmas of justice. First of all, the conduct of the parties has a significant harm to society, and turned a deaf ear to such phenomena or ineffective penalties, which may cause the adverse effects can not be underestimated. Secondly, based on the principle of "legality", in China’s existing laws, were unable to find the appropriate legal basis for such behavior legal sanctions or punishment.Due to the intervention by the legislative defects caused by judicial predicament, as well as public law relations between the sexes Humility, the parties act can not be subject to criminal felony, eventually leading to the current the bigamy phenomenon of flooding and the associated increase in the disputes.I ponder and discuss the impact on the defects of the current marriage legislation, I believe that the formal requirements and substantial elements of bigamy behavior "should be clearly defined, actively respond to the plight of bigamy phenomenon to be solved, and to curb the spread of bigamy phenomenon from a legal sourcepotential, and from the perspective of comprehensive legislation to address the increasingly complex of bigamy relations disputes.
Keywords/Search Tags:bigamy, and legal analysis
PDF Full Text Request
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