Study Of The Legal Interests Of Bigamy

A stable marriage is the foundation to maintain a harmonious family.however,Bigamy behavior is always around us.As prescribed in article two hundred and fifty-eight of the criminal law: People who have a spouse have bigamy behavior,or people marry to a person that you know he/she has a spouse will be sentenced to fixed-term imprisonment of not more than two years or criminal detention.Although Having a legal basis,we really do not know what is the interests of bigamy and this law can't solve the complex bigamy behaviors in our society.There are several theories in academia about the interest of bigamy: monogamy,spouse rights,marriage rank order,the complex object.Each view has its own pros and cons.In the law,there is no clear rules to support any one party.The 2016 “Marriage law”stipulated in article 2:carry on the marriage system of freedom of marriage,monogamy,equality between men and women.Monogamy in civil law is not the same as monogamy in criminal law,we should study the interests of bigamy alone.The first part is the meaning and essence of marriage,then I want to Introduce the law of bigamy.By comparative analysis and combined with the actual,this article uses for reference of others research results to analysis of the four theories,in order to drawing a conclusion that the interest of bigamy is monogamy.The monogamy not only have a role to conform to the legislative purpose,embody the social progress,maintaining family stability,bear the responsibility,maintain the male to female ratio,but also have a positive role in protecting women' s lawful rights and interests.At the same time,The monogamy contains the spouse rights,it can solve problems that the spouse right can not solve,such as:The theory of consent of the victim,three people get married at the same time.On the basis of these,I want to solve the complex bigamy behaviors under view of the monogamy.