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On Bigamy Crime

Posted on:2013-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:H B QueFull Text:PDF
GTID:2246330374475275Subject:Law
Abstract/Summary:PDF Full Text Request
In the current criminal justice system,the crime of bigamy in a number ofcharges is just a humble little,the term of imprisonment maximum for only twoyears,it failed to arouse the attention of the Criminal Law Masters.Check articleabout bigamy,the author found that many jurists in their on bigamy are skimmingover,there is no in-depth theoretical and practical explore on bigamy.However,insocial life,the bigamy behavior of various types,bigamy artificially to avoid risks toavoid criminal punishment,pains,tricks,resulting in bigamy identified in thejudicial practice rather difficult.Furthermore,since bigamy attributable to borderlinecases of prosecution,resulting in the private prosecutor does not exercise the right toappeal,the prevarication of the Public Prosecution Service can not effectively fightagainst crime.And because the legal punishment of the sin of too low,the criminalsdo not form an effective deterrent,combined with property punishment is not set,can not completely eliminate the economic basis of the recidivism of criminals,resulting in criminals do not repent,have nothing to fear.Solve the above problem,the author is divided into five chapters discuss thebigamy problem.The first chapter from the status of bigamy,causes,types andhazards start,indicating that the of bigamy phenomenon in today’s increasinglyrampant trend has brought serious harm to families and society.The second chapterthrough analysis of the concept of bigamy reveal the substance of bigamy; andthrough the constitute bigamy criminal,in-depth profile but unfortunately,a detaileddescription of the main object of the crime of bigamy and subjective andobjective.To demonstrate the point of view while the de fact marriage,combinedwith the existing legal norms,noting that China Criminal Law in the treatment of defact marriage effect differences,leading to bigamy when it comes to the fact thatmarriage is difficult to identify,it is possible indulgence crime,which the authorpointed out that the legislative branch in the third chapter harmonization oflegislation,to bridge the gap between the law.The fourth chapter,the author in theanalysis of bigamy legislation that bigamy prosecution system deficiencies, borderline prosecution system is not conducive to the private prosecutor to exercisethe right to appeal,proposed to to bigamy directly classified as an indictableareas.Finally,the author further in Chapter5gives the number of views to improvethe bigamy conviction and sentencing system. Proposed to improve the legalpunishment of, set Sentencing additional property punishment and other measures,in order to achieve the purpose of bigamy and crime.
Keywords/Search Tags:Bigamy, Constitutive elements of crime, Fact marriage, Publicprosecution
PDF Full Text Request
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