The Fact Marriage Bigamy Crime Research Perspective

The family is the cornerstone of social construction, only family harmony, to bring peace and stability to the country. However, with the change of the rapid economic growth and people’s ideas and concepts, including the fact that marriage and bigamy phenomenon of bigamy crime increased, not only leads to the breakup of a family, and it is easy to breed corruption, leading to serious criminal cases. But the opposite is the choice to pick up the legal weapons to defend their spouse rights the victim, the defendant was convicted of bigamy can be counted on one’s fingers. For example, in the recent two years at all levels of the party and government officials in the anti-corruption dealt with a large number of officials, these corrupt officials be notified, party newspapers and journals used:"adultery","before the improper sexual relations" little appear vocabulary. The author learned from the Central Commission for Discipline Inspection, the Ministry of supervision published the data query, since the end of2012to September5th of this year a total of741officers were transferred to judicial organs or tissue survey, in which148people were officially reported has the improper relationship between men and women, only in Juneand July two months7officers resigned with people adultery. But so far, in judicial practice, no government officials were charged with bigamy, is this the conviction and sentencing case is no more. On the one hand is the social cohabitation, adultery, mistresses phenomenon more and more, but on the other hand, bigamy application rate is very low, this is why? Cohabitation, adultery, how to have mistresses qualitative "phenomenon? Whether to constitute the crime of bigamy? For these crimes should be regulated? How to regulate? Bigamy conviction difficult in judicial practice reason is what? How to solve? What is the relation of fact marriage and bigamy? This series of problems, is the main direction of this paper.The first part of this paper starts from the concept of marriage, marriage system, analysis of the characteristics and effect of de facto marriage, and discrimination in criminal law of marriage and civil legal fact marriage, the system sort out the crime of bigamy. The second part begins from the concept of the crime of bigamy, a comprehensive analysis of the constitutive elements of the crime of bigamy, and void marriage, voidable marriage, cohabitation, cohabitation, adultery, distinguish packet kept woman behavior, define the scientific definition of bigamy, cause determination difficult and focus on the analysis of the China bigamy. The third part, through to the Macao, the Anglo American law system, comparative study of civil law countries on the crime of bigamy legislation, combined with the actual situation of Chinese, bigamy crime and sentencing confusion, single, the maximum penalty is too low reality, put forward to perfect our legislation of crime of bigamy recommendations. The fourth part is the seven case combined with factual bigamy cases of three types of whether to constitute the crime of bigamy one by one, that "before the marriage took place in or after the fact as long as there is overlap more than one marriage formation, this conclusion can constitute the crime of bigamy".