A Study On The Cognizance Of Bigamy

Since the reform and opening up, China’s social and economic level obtained fast development, and the influence of western thought, for people’s values, marriage has brought the huge impact. To, under the impact of social disharmony factors was gradually revealed, and bigamy more and more serious problem is one of the disharmonious factors. Bigamy by destroying as the smallest unit of society in the interests of the family to destroy the atmosphere of the whole society, which affect our country’s socialist spiritual civilization construction. China’s criminal law article 258 of the concept of bigamy, but this provision is too simple, for bigamy fuzzy problems such as regulations and criterions for the conviction of the relevant judicial interpretations are ambiguous, bigamy cognizance, convicted in judicial practice issues. Therefore, for studies the cognizance bigamy has special theoretical significance and practical significance.This article from the concept of bigamy, and other issues related to the bigamy cognizance are discussed. Its structure is roughly as follows:The first chapter is the introduction part, mainly introduced the bigamy problem of the research background, research significance, research methods, etc.The second chapter begins with the concept of bigamy, constitutive requirements, the types of crime, the difference of bigamy and is not a crime, concluded that the premise of bigamy is introduced.Third chapter in fact marriage for demonstration Angle, emphasis on the fact marriage problems in cognizance bigamy, on the basis of the concept of marriage clear facts, the people of the criminal law is analyzed on the different provisions on the fact that marriage, for bigamy below that difficult to provide evidence for the analysis of the causes of the problem.The fourth chapter the author from the four aspects analyzes the bigamy difficulty problem forms and the root cause of these problems. Law of fact marriage differ in dispute, for "in the name of husband and wife to live together" general operating difficulties in judicial practice, fuzzy bigamy cases start way, counts provisions are too simple.Fifth chapter by investigating contrast our country Hong Kong, Macao and Taiwan and foreign countries about the bigamy law. In order to make reference to reference in the process of legislation in China’s mainland.Sixth chapter in view of the above mentioned bigamy recognized difficult problems and reasons, the author thinks that to perfect the legislation is to solve the bigamy bigamy identified problems in the judicial practice the effective countermeasures and basic way.