On The Defect Of The Military Crime Of Marriage And Consummation Of Legislation

In order to protect Military marriage legal system is China’s legislative tradition,in line with the national conditions of our country, have great theoretical value and pratical significance. Criminal law protection of Military marriage is mainly reflected in the article 259 th of China’s criminal law about Guilty of destruction of military marriage crime. However, with the development of society and the sexual concept of the liberation of people, “have a concubine”, “advowtry”, “adultery”, “one night stand” emerged as the new social forms, the article 259 th of criminal law do not meet the needs of the society, the author studies the flow of guilty and statutory punishment of destruction of military marriage crime, main at objective aspect of crime in sufficient,the subject of crime exist loophole,objective aspect of crime in sufficient, less penalty type, not have set up penalty gradients, low force statutory punishment. Furthermore,the causes of the legislative defects of this crime,such as the deficiency of the legislative intention,lack of coordination between departments law provisions, the different attitude of the civil and criminal on serviceman common law relationship, the blur concepts of marry and cohabitation, because of the lawmakers not have take into account,lead to law loophole. The author suggests to amendments the criminal law article 259 for legislative,on the one hand, the facts about a crime: the first explicit destroy serviceman common law relationship can constitute this crime; the second explicit with serviceman spouse long-term adultery can constitute this crime; the third explicit for dangerous act Clear serviceman and serviceman spouse can become the subject of this crime. On the other hand, the legal punishment: deploy pecuniary penalty; according to the circumstances of the crime,deploy segment statutory punishment,Aim at raise this crime’s statutory punishment,to perfect the crime of destruction of military marriage from the criminal legislation.