Theory Of Bigamy The Theoretical Difficulties And Legal Problems

In the existing criminal law article 258 of bigamy is just simple,not enough to deal with some of the new bigamy behavior,lead to a series of theoretical problems,difficulties and judicial application to accurately,the criterions for the conviction of severely weakened the authority of law.Therefore,in order to more clear and accurate cognizance bigamy and the related legislation of bigamy is more perfect,this article discusses the way of thinking from the related theory,this paper first analysis of the existence of bigamy theoretical difficulties;After bigamy in judicial practice in China for the problems are analyzed,put forward its own views;Finally based on the above problems,put forward the regulation of the criminal law legislation Suggestions.To be specific,this thesis text mainly includes the following three parts.The first part discusses the difficult problems of bigamy in theory.Criminal object is the premise and foundation of researching other bigamy,therefore,this text set about from bigamy crime object,based on introducing and analysing the academic theories theory,argues that the object of the bigamy is monogamy marriage system.In the same way,and the limitation of bigamy crime pattern,on the basis of the related debate bigamy crime pattern,and brings forward effect of bigamy crime pattern distinguish legal bigamy bigamy and facts into consideration,think that into legal bigamy crime form is made,from the crime of bigamy calculated from the date of marriage certificate limitation of bigamy bigamy crime form is to continue to make,from the criminal law in the sense of the facts calculated from the date of marriage was released from the limitation of bigamy.The second part discusses bigamy of the judicial application problem existed in the judicial practice field.In clear fact the concept of marriage and factual marriage after the conflict in criminal law,the people put forward no matter what form should be stressed in fact marriage bigamy convicted and punished.Defects for the marriage of bigamy problem,this paper through the typical case raises problems,focusing on the analysis of bigamy in void and revocable marriage,believe that as long as it is in defect of bigamy behavior during the marriage,for the party of invalid marriage and revocable marriage intimidator should be convicted and punished bigamy,but for the coercion requires particular case is particular analysis.Finally talked about transgender and gay bigamy problems,through the form of interpretation theory and substantial explanation theory analysis,this paper adhere to the substantial interpretation theory,claims because of our country does not recognise same-sex marriage,married people degeneration after do not form bigamy bigamy,gay marriage and gay couples keep relationship also is not a crime.The third part of the problem,according to the above theoretical difficulties and judicial application this article thinks that should perfect the relevant legislation of bigamy and puts forward Suggestions accordingly,criminal law,and the clear standard of bigamy;Unified the people the provisions of the criminal law of fact marriage;Increase the maximum sentence of bigamy science to develop sentencing plot,and separate legislation on gays and lesbians.