Difficult Problems Of Bigamy

Of marriage as the foundation of the family, the family is the most basic constituent unit of society, marriage stability is not only related to a family happiness, more directly related to a social harmony and peace. Today, however of bigamy phenomenon is very serious, and showing the form of diversified and complicated features. "Mistresses" non-marital cohabitation, de facto marriage and other social phenomena are common, but due to vague provisions of our laws on bigamy, resulting in judicial practice Cognizance difficult conviction difficult. Faced with these problems, the causes of the author from the phenomenon of bigamy, the legislative practice to combine the analysis of the substance of bigamy, and epitaxial-depth discussions protect the legal interests of bigamy, and focus on the fact that marriage constituted the crime of bigamy affected. In addition, I also carried out a systematic analysis of social concern today net marriage constitute bigamy. Finally how to improve our legislation on bigamy put forward their own points of views.This paper is divided into six chapters discusses the above questions. First chapter the causes of bigamy start to combine the enactment of legislation to define the crime of bigamy, to sort out its constituent elements, and the analysis of the essential characteristics of the act. The second chapter focuses on analysis of bigamy protect the legal interests and the victim commitment Cognizance. Chapter systematic exposition of de facto marriage and open with other relevant conceptual difference, in order to better understand the crime of bigamy, and leads to the fourth chapter of the de facto marriage constitute bigamy. This chapter will discuss the legal marriage facts marriage, marriage legal marriage and the front and rear of the first facts are de facto marriage three cases of de facto marriage constitute bigamy. Chapter 6, the author based on China’s actual situation, learn from other countries legislation, a complete set of bigamy Several Legislative Proposals, science finds the connotation of "living together as husband and wife"; bigamy cases included in the public prosecution the scope of the case; increase the maximum sentence, the scientific development of the punishment fits the crime, to embody the principle of "criminal culpability adaptation; advancing with the times, emphasis on emerging new phenomenon suspected of bigamy and, where appropriate, be regulated and so on. The attitude of the author bigamy problem is this growing phenomenon, has become a serious social problem, that standard should be appropriate to broaden and intensify the crackdown, the legal deterrent to those who know how to circumvent the law and facts bigamist be Punishment of intent to play a role in early warning and deterrent.