Research On The De Facto Marriage In Bigamy

Marriage,is the development of human society to a certain stage of the product,the study of marriage has been ancient.Marriage is a social relationship,the community in accordance with its pursuit of the goal set a certain condition to confirm the establishment of marriage.Marx said: "The economic base determines the superstructure." As a social concept,its development presents a historical feature,that is to say the concept of marriage is with the development of society has changed,so in different social development period has a different concept of marriage.Modern society,monogamous marriage system has been recognized by the vast majority of the world,which in the academic community,said China is no exception.However,with the development of society,some bad social phenomena increasingly corrupt marriage and family relations,including bigamy should be the most direct challenge to monogamy,contains the fact that the phenomenon of marital weddings is after the reform and opening up,with the economy The development of intensified.In this regard,China's current "Marriage Law" explicitly prohibits bigamy,"criminal law" to meet certain conditions of the provisions of bigamy constitute bigamy.And what is bigamy? In the theory and practice of controversial,different academic fields have different interpretations.This paper discusses the issue of factual marriage in the case of bigamy in three chapters.The first chapter is mainly from the status of bigamy to start to analyze the problems faced by bigamy,the main problem facing the frequent occurrence of contemporary society,the phenomenon of bigamy,but China's definition of bigamy behavior is not clear,poor operability,illegal The convicted person is convicted of bigamy.The fact that marriage is in the theoretical circle has always been the focus of controversy,civil and criminal areas in different periods have different standards and attitudes,which makes the actual operation of the relevant concepts of the Definition and understanding of the differences,because of this,only the emergence of the status of bigamy and the face of all kinds of difficult legal issues.The second chapter focuses on the theoretical analysis,the article is intended to analyze the fact that the issue of bigamy marriage problem.First of all,the general understanding of the background of the controversy of the theory of bigamy,the emergence of bigamy with the law in the relevant aspects of the perfect marriage and personal rights and freedoms,but also related to the problem of social and public order,so bigamy behavior is a complex society Problem,want to sort out the problems,should use the historical perspective to find the purpose of establishing a bigamy marriage legislation,to correctly understand the relevant concepts to provide ideas.On this basis,but also to further interpret the meaning of bigamy,as an ordinary person should be how to understand,because the concept of marriage in the fact of marriage is a hermeneutic concept,we should explain from the perspective of justice to understand the fact that marriage can not make it More literal meaning,so as to ensure the predictability of the law.The crime of bigamy is a kind of criminal form.The theory of crime constitution is the key to further understand the bigamy.This article adopts the theory of the four elements of crime to further understand the bigamy.The purpose of this article is not to explain what is the cause of bigamy,but to explain which type of act in the act of bigamy is a crime of bigamy,and to make sure that bigamy is equal to that of the other The boundaries of harm are the key.Secondly,it is a theoretical analysis of the facts of marriage,the nature of marriage is a long-term common life for the purpose of the combination of gender relations.Is the natural attributes and social attributes of the community,that is,only by the social system to confirm the combination of gender is a legitimate marriage,and the fact that marriage must have the property,can be a marriage.In this regard,to further define the concept of factual marriage,China's provisions on the provisions of the marriage,has been controversial,mainly because of civil law and criminal law have different provisions,and which is the marriage of bigamy marriage standards,should be different discuss.This paper introduces the practice of factual marriages in other countries about bigamy marriages,and provides reference for the following suggestions.The third chapter is mainly about the fact that the marriage of marriages isperfect,and it is necessary to clarify the criteria for the determination of de facto marriage in bigamy marriage.Improve the maximum legal nature of the crime of bigamy,the current maximum penalty for bigamy is two years,relatively light,and improve the maximum statutory penalty,is conducive to increasing the deterrent of the law.Secondly,on the basis of this should also refine the scope of sentencing,the behavior of the bigamy in accordance with the severity of the situation,the severity of social harm corresponding to the different sentencing range,do the crime to adapt.Due to the occurrence of bigamy,often there are economic reasons,it is recommended to add property punishment,shoveling the breeding of the land of bigamy.Finally,the majority of scholars should call and clear the mechanism for the pursuit of bigamy,the most pressing is the commencement of the procedure of bigamy is set to public prosecution,so that the crime of bigamy is not only the exercise of individual action rights,public power intervention can be effective Of the criminal offense was investigated.