Research On The Cirme Of Bigamy In China

Social harmony is the basis of family harmony and stability with much related tomarital relationships. Bigamist is the destruction of family and marriage relations,affecting family and social harmony important factor. In order to regulate bigamist,China’s "Criminal Law" two hundred and fifty eighth states:"There Spouse andbigamy, or knowing someone else who has a spouse to marry, term imprisonment orcriminal detention.” However, in China’s judicial practice, the cognizance of bigamybut there are many problems, such as the object of bigamy, fact bigamy, defects ofbigamy, limitation, etc.This paper is divided into four parts altogether. The first part discusses the objectof bigamy problem. From the spouse right and monogamous concept, the introductionof our country criminal law educational world for bigamy object of different viewsand combining with the judicial practice related cases to carry on the analysis, theconclusion should be the object of bigamy is "monogamy system".The second part discusses the fact bigamy problem. The paper first introducesthe other countries and regions fact marriage, then the fact that the criminal lawmarriage made a definition, the author thinks that, the criminal law of the "factmarriage" refers to men and women both parties have reached the legal age ofmarriage, no immediate and collateral within three generations of blood relationship,did not have medical think not suitable for married disease, in order to live togetherforever as the goal, without registration will open in the name of husband and wifelive together. At last, the author fact bigamous established condition are discussed.The author thinks that, the fact bigamy can be made, but need to particular case isparticular analysis.The third part discusses defects bigamy problem. The author first through thejudicial practice related cases leads to a problem, and the "declared dead", invalid andmay cancel the marriage in the criminal law validity were discussed, to the "has aspouse" bigamy explains. The author thinks that, the program blemish bigamybehavior cannot constitute a bigamy, the fact blemish bigamy behavior should punishbigamy. The fourth part discusses the limitation problem bigamy. For the limitation ofbigamy, our country criminal law educational world opinions vary. The authorthrough to the main academic point of view analysis and other countries for bigamylimitation of special provisions in the comparison, has put forward a relatively perfectbigamy limitation calculation method. The author thinks that, in our country thecurrent laws and regulations, bigamy is divided into legal bigamy and facts, and thento get legal bigamy bigamous marriage certificate from the date the limitation;Bigamy is fact with criminal law in the sense of fact marriage relationship removesthe date the limitation is the most reasonable.