Research On The Identification Of De Facto Marriage And Bigamy

In criminal law, bigamy is an unassuming little crime, the maximum sentence is only two years. Is this humble little SINS, however, makes the judicial theory and practice hard, especially in the bigamy, the most common, is also the most complicated fact bigamy crime. Based on the case study as the breakthrough point, combined with bigamy that often involves some theoretical problems in the process of comparative analysis, to try to can provide some reference for the future judicial, to try to can provide some reference for the future judicial practice and valuable reference.This article first obtains from the fact bigamy case in judicial practice in our country, put forward the case fact bigamy crime in recognition of the main issues:(1)how to define the fact marriage, its relations with illegal cohabitation, and using the does not exist between the fact marriage relationship?(2)"the fact marriage" is it right? Marriage, what is its essence, the defendant can constitute the crime of bigamy? As our specific research object.Starting from the point of controversy and case, through the concrete analysis conclude:in fact marriage relationship between the original and the defendant, the defendant commits bigamy. The reason:the fact marriage and marriage in essence is consistent, it is a form of marriage, as opposed to a legal marriage. Civil law in fact in the marriage and bigamy fact marriage is overlap occurs shall be decide that criminal law should prevail.Finally combining with the current law system, to standardize the behavior of bigamy and bigamy behavior system of legal norms, summarized the defects existing in the legislation, starting from the bigamy regulations, and in this paper on the basis of put forward reasonable Suggestions to perfect the bigamy regulation and control system, in order to study the contents of this paper can to a certain extent, to provide reference for our country judicial practice dealing with bigamy.