The Protection Of Honesty Party In The Bigamy Cases

Since the marriage information in the c ivil affairs department have not reached the national network, the so-called information networking are mostly just internal information exchange and interoperability provincial, so some criminals took advantage of the loopholes in the law and married in the foreign registration, some even used the fals ifying identity and other information in the registration of marriage. In the case of such perfect order and the rules are not in law, some criminals take to conceal the fact that they have married, for marring with the unaware parties. Here is the integrity of the party without the knowledge of the parties referred to herein. And after marriage due to bigamy has been declared invalid because of the integrity of the parties is not subjective is no fault of the state and its nullity may result from damage and injury. Through our marriage law, c ivil law, criminal law and other relevant laws of analys is can be found in our existing laws on bigamy efforts in protecting the integrity of the parties is inadequate, or even be missing, either in the d ivis ion of property after the marriage is null and void On or about the compensation system and the prejudice to the provisions on the protection of children born during the b igamy is not enough, so we need to learn is legal in other areas to improve the integrity of the party system of bigamy?Comprehensive geo and social background and other factors, the paper selected with the relevant laws and the mainland "conditions" close to Hong Kong SAR, Macao SAR and Taiwan regions are compared, from the comparative analys is we can find the area of bigamy in efforts to protect the integrity of the parties is significantly greater than the mainland, especially the provisions Macao SAR The mistake is to think the institution of marriage that we can learn from and reference direction. Integrated existing laws and legal provis ions as well as other parts of the country to explore the conception of the rule of law and civil law, the paper argues that the divis ion of property after the marriage is null and void, the integrity of the property division of the parties shall, mutatis mutandis, the division of property divorce provisions, the integrity of the parties shall enjoy all legitimate rights enjoyed by parties to legal marriage, in addition to the parties in good faith should be damages, compensation standards for such damages in divorce damages standards, combined with its unique situation determine the amount of damage. Although there is no difference in the status of the legal status of the law and the legitimate children born out of wedlock, but in actual operation, we found that the rights of legitimate children and illegitimate children are not substantially equal, in this case, and background next.In considering how to protect their children born during the b igamy aspect, the paper claims as long as at least one of bigamy is honesty party, children born during the bigamy was legitimate children, so that children can be born during bigamy better protection, but also to the integrity of the parties to confirm the valid ity of the marriage has been declared invalid before the marriage, on the other hand, which is to better protect the integrity of bigamy in the party.